Omar Bennett
In 1973, the U.S. Supreme Court recognised abortion as a liberty right under the Fourteenth Amendment. In Roe v. Wade, the Court sided with Norma McCorvey, who claimed that abortion bans were unconstitutional and that she was denied a basic human right. The Court concluded that the U.S. Constitution protects a woman's decision to terminate her pregnancy. However, in its ruling in the Dobbs v. Jackson Women's Health Organization case, the U.S. Supreme Court overturned Roe v. Wade and ruled that there is no constitutional right to abortion. Despite this, some state courts and constitutions have adopted more stringent legal standards, invalidating laws that infringe on decision-making about pregnancy.
| Characteristics | Values |
|---|---|
| Year | 1973 |
| Case | Roe v. Wade |
| Court | U.S. Supreme Court |
| Ruling | Abortion is a liberty right under the Fourteenth Amendment |
| Outcome | Abortion is a nationally protected right |
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What You'll Learn
Roe v. Wade (1973)
In 1973, the U.S. Supreme Court ruled in Roe v. Wade that the U.S. Constitution protects a woman's decision to terminate her pregnancy. The case was brought to the Supreme Court by Norma McCorvey (under the legal pseudonym 'Jane Roe') against the state. McCorvey was unexpectedly pregnant with her third child in 1969 and sought an abortion. However, she lived in a state that had recently implemented an abortion ban. She claimed that abortion bans were unconstitutional and that she was denied a basic human right. The Court sided with McCorvey and declared abortion a nationally protected right. In its ruling, the Court recognised abortion as a liberty right under the Fourteenth Amendment.
The Roe v. Wade decision marked a significant moment in the history of abortion rights in the United States. It established a precedent that abortion was a fundamental right that must be protected against governmental interference. This ruling had a profound impact on abortion laws and policies across the country, shaping the legal landscape for decades to come.
However, it is important to note that even while Roe's fundamental protection was in place, the Court evaluated abortion regulations under an "undue burden" standard. This standard permitted states to restrict abortion as long as the burdens on access were not too severe. Despite this, the Roe v. Wade decision still represented a crucial step forward in recognising the importance of abortion rights and the autonomy of individuals to make decisions about their own bodies.
In recent years, there have been efforts to overturn Roe v. Wade and challenge the constitutional right to abortion. In the 2022 Dobbs v. Jackson Women's Health Organization case, the U.S. Supreme Court abandoned its duty to protect fundamental rights by overturning Roe v. Wade and ruling that there is no constitutional right to abortion. This decision marked the first time in history that the U.S. Supreme Court had taken away a fundamental right.
Despite this setback, state courts and constitutions have played a crucial role in protecting abortion rights. Over the last three decades, state courts have built a foundation of novel jurisprudence that recognises strong personal privacy and autonomy rights, equality principles, and the deeply rooted nature of abortion protections in history and text. Some state courts have focused on how autonomy—the right to control one's own body without influence or coercion—protects personal rights, including abortion. These state-level efforts have helped to shape the legal landscape and ensure that abortion remains accessible and protected, even in the face of federal-level challenges.
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State constitutions and abortion rights
In 1973, the U.S. Supreme Court recognised abortion as a liberty right under the Fourteenth Amendment. In Roe v. Wade, the Court concluded that the U.S. Constitution protects a woman's decision to terminate her pregnancy. The case was brought to the Supreme Court by Norma McCorvey (under the legal pseudonym "Jane Roe") against the state. She was unexpectedly pregnant with her third child in 1969 and sought an abortion. However, she lived in a state that had recently implemented an abortion ban. She claimed that abortion bans were unconstitutional and that she was denied a basic human right. Ultimately, the Court sided with McCorvey and declared abortion a nationally protected right.
Even before Roe v. Wade, the U.S. Supreme Court and federal courts in the U.S. did not always treat abortion as a fundamental right that must receive the strongest possible protections against governmental interference. Some state courts and constitutions, however, have adopted more stringent legal standards, invalidating laws that infringe on decision-making about pregnancy. Over the last three decades, state courts have built a foundation of novel jurisprudence that recognises strong personal privacy and autonomy rights, equality principles, and the deeply rooted nature of abortion protections in history and text.
The rulings from seven state supreme courts have gone beyond the federal undue burden standard to protect abortion rights or access more strongly than the federal Constitution. Some state courts have focused on how autonomy—the right to control one's own body without influence or coercion—protects personal rights, including abortion. These state courts have interpreted their constitutional history and traditions more expansively than those federal jurists who have employed a narrow, backward-looking analysis to reject rights such as intimacy, same-sex marriage, and abortion.
In its ruling in the Dobbs v. Jackson Women's Health Organization case, the U.S. Supreme Court abandoned its duty to protect fundamental rights by overturning Roe v. Wade and ruling that there is no constitutional right to abortion. The decision marks the first time in history that the U.S. Supreme Court has taken away a fundamental right.
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The Fourteenth Amendment
In 1973, the Court concluded in Roe v. Wade that the U.S. Constitution protects a woman’s decision to terminate her pregnancy. This was recognised as a liberty right under the Fourteenth Amendment.
In Roe v. Wade, the U.S. Supreme Court recognised abortion as a liberty right under the Fourteenth Amendment. The Court sided with Norma McCorvey (under the legal pseudonym "Jane Roe"), who was unexpectedly pregnant with her third child in 1969 and sought an abortion. She lived in a state that had recently implemented an abortion ban and claimed that abortion bans were unconstitutional and that she was denied a basic human right. The Court declared abortion a nationally protected right on 22 January 1973.
However, even while Roe's fundamental protection was in place, since 1992, the Court evaluated abortion regulations under an "undue burden" standard that permitted states to restrict abortion as long as burdens on access were not too severe.
Some state courts and constitutions have adopted more stringent legal standards, invalidating laws that infringe on decision-making about pregnancy. Over the last three decades, state courts have built a foundation of novel jurisprudence that recognises strong personal privacy and autonomy rights, equality principles, and the deeply rooted nature of abortion protections in history and text.
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Abortion as a liberty right
In 1973, the U.S. Supreme Court recognised abortion as a liberty right under the Fourteenth Amendment. In Roe v. Wade, the Court concluded that the U.S. Constitution protects a woman's decision to terminate her pregnancy. This was a landmark decision, with the majority opinion stating that abortion is an indirect liberty.
The Roe v. Wade ruling was a significant moment in the history of abortion rights in the U.S., as it established abortion as a nationally protected right. The case was brought to the Supreme Court by Norma McCorvey (under the legal pseudonym "Jane Roe"), who claimed that abortion bans were unconstitutional and that she was denied a basic human right. The Court sided with McCorvey, recognising abortion as a fundamental right that must be protected against governmental interference.
However, even while Roe's fundamental protection was in place, the Court evaluated abortion regulations under an undue burden standard. This permitted states to restrict abortion as long as burdens on access were not too severe. Despite this, some state courts and constitutions have adopted more stringent legal standards, invalidating laws that infringe on decision-making about pregnancy. Over the last three decades, these state courts have built a foundation of novel jurisprudence that recognises strong personal privacy and autonomy rights, equality principles, and the deeply rooted nature of abortion protections in history and text.
The concept of autonomy, or the right to control one's own body without influence or coercion, has been central to the abortion debate. State courts have interpreted their constitutional history and traditions more expansively than federal jurists, recognising that abortion protections are deeply rooted in history and text. This has had a positive influence on high courts in other states, shaping future efforts to secure reproductive rights.
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Abortion as a human right
In 1973, the Court concluded in Roe v. Wade that the U.S. Constitution protects a woman’s decision to terminate her pregnancy. This was a landmark decision, with the majority opinion stating that abortion is an indirect liberty and a nationally protected right.
The Roe v. Wade case was brought to the Supreme Court by Norma McCorvey (under the legal pseudonym 'Jane Roe') against the state. She was unexpectedly pregnant with her third child in 1969 and sought an abortion. However, she lived in a state that had recently implemented an abortion ban. She claimed that abortion bans were unconstitutional and that she was denied a basic human right.
The U.S. Supreme Court recognised abortion as a liberty right under the Fourteenth Amendment. However, even before Roe v. Wade, the U.S. Supreme Court and federal courts in the U.S. did not always treat abortion as a fundamental right that must receive the strongest possible protections against governmental interference.
Some state courts and constitutions have adopted more stringent legal standards, invalidating laws that infringe on decision-making about pregnancy. Over the last three decades, state courts have built a foundation of novel jurisprudence that recognises strong personal privacy and autonomy rights, equality principles, and the deeply rooted nature of abortion protections in history and text.
Human rights principles and international and comparative law recognise that abortion must be legal and accessible. Abortion is protected as a human right through its recognition as a liberty right, and its protection of a woman's autonomy and privacy.
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Frequently asked questions
Roe v. Wade is a legal case brought to the Supreme Court by Norma McCorvey (under the legal pseudonym "Jane Roe") against the state. She was unexpectedly pregnant with her third child in 1969 and sought an abortion. She claimed that abortion bans were unconstitutional and that she was denied a basic human right. The Court sided with McCorvey and declared abortion a nationally protected right on January 22, 1973.
In Roe v. Wade, the U.S. Supreme Court recognised abortion as a liberty right under the Fourteenth Amendment. The Court concluded that the U.S. Constitution protects a woman's decision to terminate her pregnancy.
Roe v. Wade established abortion as a nationally protected right in the U.S. However, even with Roe's fundamental protection in place, the Court evaluated abortion regulations under an "undue burden" standard, permitting states to restrict abortion as long as burdens on access were not too severe.
In its ruling in the Dobbs v. Jackson Women's Health Organization case, the U.S. Supreme Court overturned Roe v. Wade and ruled that there is no constitutional right to abortion. This marked the first time in history that the U.S. Supreme Court had taken away a fundamental right.
Yes, some state courts and constitutions have adopted more stringent legal standards, invalidating laws that infringe on decision-making about pregnancy. Over the last three decades, state courts have built a foundation of novel jurisprudence that recognises strong personal privacy and autonomy rights, equality principles, and the deeply rooted nature of abortion protections in history and text.
