Isabella Carter
Roe v. Wade is the landmark U.S. Supreme Court case that, in 1973, recognized a constitutional right to abortion. The case was brought by Norma McCorvey, under the alias Jane Roe, who in 1969, became pregnant with her third child and wanted an abortion. At the time, Texas law only allowed abortions in cases of rape, incest, or to save the life of the mother. Roe's lawyers argued that Texas's abortion laws were unconstitutional, and in a 7-2 decision, the Supreme Court ruled in her favor, holding that the Due Process Clause of the Fourteenth Amendment provides a fundamental right to privacy, which protects a pregnant woman's right to decide whether to terminate her pregnancy. This decision has been a subject of ongoing debate, with repeated challenges to Roe v. Wade and the Supreme Court ultimately overturning it in 2022.
| Characteristics | Values |
|---|---|
| Year of ruling | 1973 |
| Date of ruling | 22 January 1973 |
| Court | U.S. Supreme Court |
| Decision | 7-2 |
| Ruling | State laws banning abortions except to save the life of the mother are unconstitutional under the Fourteenth Amendment |
| Effect | Legalized abortion in the United States |
| Overturned | Yes |
| Overturned date | 24 June 2022 |
| Overturned decision | 5-4 |
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What You'll Learn
Roe v. Wade and the Fourteenth Amendment
Roe v. Wade is not a constitutional amendment but a US Supreme Court case that legalized abortion in the United States in 1973. The case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who, in 1969, became pregnant with her third child. McCorvey wanted an abortion but lived in Texas, where abortion was only legal if the mother's life was in danger. Her lawyers, Sarah Weddington and Linda Coffee, filed a lawsuit on her behalf in US federal court, alleging that Texas's abortion laws were unconstitutional.
The Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a fundamental "right to privacy", which protects a pregnant woman's right to choose to have an abortion prior to fetal viability without undue interference from the state. The Court's decision in Roe v. Wade was based on the interpretation that the "liberty" protected by the Fourteenth Amendment covers more than those freedoms explicitly named in the Bill of Rights, and that the right to privacy is one of those liberties.
The Court's ruling in Roe v. Wade decriminalized abortion nationwide and protected the right to access abortion legally across the country. However, the government retained the power to regulate or restrict abortion access depending on the stage of pregnancy. Following the decision, states, healthcare providers, and citizens fought over what limits the government could place on abortion access, particularly during the second and third trimesters. While the Supreme Court honored Roe's core principle for almost five decades, it did not protect people's access to abortion, and many states passed laws that made obtaining an abortion extremely difficult.
On June 24, 2022, the Supreme Court overturned Roe v. Wade in its decision in Dobbs v. Jackson Women's Health Organization, with Justice Samuel Alito writing that "Roe was egregiously wrong and on a collision course with the Constitution from the day it was decided." This eliminated the federal constitutional right to abortion and returned the authority to regulate abortion to the states and their elected representatives.
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The Supreme Court's ruling
Roe v. Wade is not a constitutional amendment but a US Supreme Court case that legalized abortion in the United States in 1973. The case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who, in 1969, became pregnant with her third child and wanted an abortion. However, she lived in Texas, where abortion was only legal when necessary to save the mother's life.
The ruling placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and freedom of religion, by conferring on it the highest degree of constitutional protection, known as "strict scrutiny". This legal standard required that infringements on the right be narrowly tailored to serve a compelling government interest. The Supreme Court required the state to justify any interference with the right to access abortion by showing that it had a "compelling interest", and held that no interest was compelling enough to ban abortion before viability.
The Roe v. Wade decision inspired political campaigns and movements and sparked debates throughout the nation around ethics, religion, biology, and constitutional law. It has been one of the most contentious cases in the Court's history, with repeated challenges after 1973 that narrowed the decision's scope but did not overturn it. Despite this, on June 24, 2022, a divided Supreme Court overturned Roe in its decision in Dobbs v. Jackson Women's Health Organization, with Justice Samuel Alito writing that "the Constitution does not confer a right to abortion". This marked the first time in history that the Supreme Court has taken away a fundamental right.
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Abortion rights and reproductive justice
Roe v. Wade was a landmark 1973 US Supreme Court case that ruled that restrictive state regulation of abortion is unconstitutional, thereby decriminalizing abortion nationwide and protecting the right to access abortion legally. The case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who, in 1969, became pregnant with her third child and wanted an abortion but lived in Texas, where abortion was only legal when necessary to save the mother's life.
The Supreme Court's ruling in Roe v. Wade held that a set of Texas statutes criminalizing abortion in most instances violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment. The decision shaped the debate concerning which methods the Supreme Court should use in constitutional adjudication.
However, despite Roe v. Wade, many states passed laws that made accessing abortions extremely difficult. In addition, the Hyde Amendment, a national policy widely viewed as racist, became law in 1976. For years, anti-abortion rights politicians promised to appoint judges and justices hostile to abortion rights, manipulating nomination rules to their advantage.
In 2022, the Supreme Court overturned Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization, eliminating the federal constitutional right to abortion. This decision has led to abortion bans in several states, with clinics closing down and OBGYNs leaving, leaving people with far fewer options to manage or end a pregnancy.
In response, reproductive health, rights, and justice organizations have launched the 'Abortion Access Now' campaign, pledging a $100 million investment to advance abortion rights and access across the United States. The funding will help build a long-term federal strategy to codify the right to abortion, including lobbying efforts, grassroots organizing, public education, and comprehensive communication strategies.
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The impact of political campaigns
Roe v. Wade is not a constitutional amendment but a US Supreme Court case that legalized abortion in the United States in 1973. The ruling decriminalized abortion nationwide and protected the right to access abortion legally across the country.
Anti-abortion politicians in the Senate and White House worked to appoint judges and justices hostile to abortion rights. They manipulated nomination rules to install Supreme Court justices with records hostile to reproductive health and rights, such as Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. This shift in the makeup of the Supreme Court was a critical factor in the eventual overturning of Roe v. Wade.
The 2016 Republican presidential nomination fight also played a role, with Donald Trump making the overturning of Roe v. Wade a centerpiece of his campaign. The consolidation of the anti-abortion movement's political power continued, with the issue becoming a defining cause for a generation of political and legal leaders.
Public opinion polls indicate that a majority of Americans disapprove of the Supreme Court's decision to overturn Roe v. Wade, with support for legal abortion remaining largely unchanged. The impact of political campaigns has been to galvanize opposition to the decision and highlight the unpopularity of overturning Roe v. Wade, particularly among Democratic and Democratic-leaning independents.
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The future of abortion access
Roe v. Wade was a 1973 US Supreme Court case that ruled a person's right to make their own private medical decisions, including the decision to have an abortion prior to fetal viability, was constitutionally protected. The decision held that a set of Texas statutes criminalizing abortion in most instances violated a constitutional right to privacy.
However, on June 24, 2022, the Supreme Court overturned Roe v. Wade, ending nearly 50 years of federal constitutional protection for abortion rights. The decision in Dobbs v. Jackson Women's Health Organization has left abortion policies and reproductive rights in the hands of each state. While some states have moved to expand access to abortion by adopting constitutional amendments or adding legal protections, nearly half are likely to enact highly restrictive laws or seek to enforce current, unconstitutional laws prohibiting abortion.
In the absence of Roe, the future of abortion access in the US is uncertain. States are now divided into "abortion deserts," where abortion is illegal, and "abortion havens," where abortion care is still available. The fight over abortion access continues in courtroom battles, where advocates have sued to block bans and restrictions.
Several factors will influence the future of abortion access. Firstly, the makeup of the Supreme Court and the installation of justices with records hostile to reproductive health and rights have played a significant role in the overturning of Roe v. Wade. Secondly, the actions of state legislatures and politicians will determine the direction of abortion policies and the enforcement of bans or protections. Thirdly, ongoing litigation and legal challenges will shape the interpretation and enforcement of abortion laws, with advocates working to protect abortion access and support patients and providers.
Additionally, the affordability of abortion services and the requirement for insurance coverage will impact access. Efforts to improve affordability include laws mandating that state-regulated plans cover the full cost of abortion services. Furthermore, the availability of abortion care providers and the impact of restrictive laws, such as targeted regulation of abortion providers (TRAP), will affect access. Finally, public opinion and support for abortion rights will influence the future landscape of abortion access, with opinion polls indicating that while a majority of Americans oppose overturning Roe v. Wade, there are complexities and misunderstandings surrounding the issue.
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Frequently asked questions
No, Roe v. Wade is not a constitutional amendment. It was a landmark U.S. Supreme Court case that recognized the constitutional right to privacy, which includes the right to decide whether to continue a pregnancy.
The outcome of Roe v. Wade was that abortion was decriminalized and legalized nationwide in the United States in 1973. The Supreme Court ruled that a state law banning abortions except to save the mother's life was unconstitutional under the Fourteenth Amendment.
Roe v. Wade recognized abortion as a fundamental right, placing it alongside other rights such as freedom of speech and religion. It required states to justify any interference with the right to abortion, making state abortion bans unconstitutional and improving access to safe and legal abortion care across the country.
