Eleanor Finch
Roe v. Wade is a landmark 1973 lawsuit that led to the Supreme Court making a ruling on abortion rights. The case was brought by Norma McCorvey, under the legal pseudonym Jane Roe, who, in 1969, became pregnant with her third child. Roe v. Wade established a framework for legal abortions across the United States, but in 2022, the Court reversed the decision, taking back a constitutional protection that stood for decades. The Supreme Court's decision in Roe v. Wade has been described as not part of the Constitution by the current Supreme Court.
| Characteristics | Values |
|---|---|
| Year of the Roe v. Wade decision | 1973 |
| Decision made by | The Supreme Court |
| Decision | A state law that banned abortions except to save the life of the mother was unconstitutional under the Fourteenth Amendment |
| Ruling | There is no federal constitutional right to abortion |
| Constitutional basis for the decision | The right of privacy embraces a woman's decision to carry a pregnancy to term |
| Constitutional amendments cited | First, Fourth, Ninth, and Fourteenth Amendments |
| Constitutional right | The right to privacy |
| Constitutional protection | The liberty clause in the 14th Amendment affords to privacy |
| Constitutional dimensions | A woman's right to decide whether to end her pregnancy |
Explore related products
What You'll Learn
Roe v. Wade and the right to privacy
Roe v. Wade is not part of the US Constitution, according to the current Supreme Court. In Dobbs v. Jackson Women's Health Organization (2022), the Supreme Court overturned Roe v. Wade (1973), which guaranteed a constitutional right to abortion.
Roe v. Wade, a 1973 lawsuit, famously led to the Supreme Court making a ruling on abortion rights. Jane Roe, an unmarried pregnant woman, filed a suit on behalf of herself and others to challenge Texas abortion laws. A Texas doctor joined Roe's lawsuit, arguing that the state's abortion laws were too vague for doctors to follow. At the time, abortion was illegal in Texas unless it was done to save the mother's life. It was a crime to get an abortion or to attempt one.
The Roe v. Wade decision includes a discussion of the different views on when life begins. The Court found that it is not up to the states to decide when life begins. However, the Court did not agree that the Constitution guarantees an absolute right to abortion. In other words, the privacy right does not prevent states from putting some regulations on abortion. The Court created a framework to balance the state's interests with privacy rights.
The Roe Court ruled that states may not categorically proscribe abortions by making their performance a crime. The constitutional basis for the decision rested upon the conclusion that the right of privacy embraces a woman's decision to carry a pregnancy to term. The Court stated that it includes only personal rights that can be deemed 'fundamental' or 'implicit in the concept of ordered liberty' and bears some extension to activities related to marriage, procreation, contraception, family relationships, child-rearing, and education.
Roe 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". 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. After the point of viability, the state could ban abortion or take other steps to promote its interest in protecting the fetus.
Mercantilism and Constitutionalism: A Historical Perspective
You may want to see also
The Supreme Court's ruling on abortion rights
Roe v. Wade is not part of the US Constitution, according to the current Supreme Court. In Dobbs v. Jackson Women's Health Organization (2022), the Supreme Court overturned Roe v. Wade (1973), which guaranteed a constitutional right to abortion.
In Roe v. Wade, the Supreme Court ruled that a state law that banned abortions except to save the life of the mother was unconstitutional under the Fourteenth Amendment. The decision has proven to be one of the most controversial cases in the Court's history. 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 when necessary to save the mother's life. Her lawyers, Sarah Weddington and Linda Coffee, filed a lawsuit on her behalf in US federal court against her local district attorney, Henry Wade, alleging that Texas's abortion laws were unconstitutional.
The Roe v. Wade decision includes a discussion of the different views on when life begins. The Court found that it is not up to the states to decide when life begins. However, the Court did not agree that the Constitution guarantees an absolute right to an abortion. In other words, the privacy right does not prevent states from putting some regulations on abortion. The Court created a framework to balance the state's interests with privacy rights.
The Roe Court ruled that states may not categorically proscribe abortions by making their performance a crime. The constitutional basis for the decision rested upon the conclusion that the right of privacy embraces a woman's decision to carry a pregnancy to term. The Court stated that it includes only personal rights that can be deemed 'fundamental' or 'implicit in the concept of ordered liberty' and bears some extension to activities related to marriage, procreation, contraception, family relationships, child-rearing, and education.
Exploring Virginia's Constitution: Understanding the Comprehensive Civics SOLPASS
You may want to see also
The impact of Roe v. Wade on state abortion laws
Roe v. Wade was a landmark 1973 Supreme Court decision that recognised a constitutional right to abortion. The ruling struck down many state abortion laws, sparking a national debate about whether abortion should be legal, and to what extent.
Prior to Roe v. Wade, nearly all states banned abortion except in limited circumstances, such as when necessary to save the mother's life. The Supreme Court's decision in Roe v. Wade changed this, recognising that the right to decide whether to continue a pregnancy falls within the constitutional protection that the liberty clause in the 14th Amendment affords to privacy. This placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion, by conferring on it the highest degree of constitutional protection, known as "strict scrutiny".
The Court ruled that, before the viability of the foetus, it is the pregnant person's decision, not the government's, whether to continue a pregnancy. Accordingly, the government cannot ban abortion for any reason prior to viability. After the point of viability, the state could ban abortion or take other steps to promote its interest in protecting the foetus. However, even after this point, abortion must be permitted to protect a patient's life and health.
The decision in Roe v. Wade had a significant impact on state abortion laws, making abortion legal, more accessible, and safer for many pregnant people throughout the country. However, it is important to note that even with Roe in place, many people in the United States still faced obstacles to accessing abortion care, particularly those from low-income backgrounds, people of colour, young people, and others with limited resources.
In the years following the decision, abortion opponents pressed state and federal lawmakers to enact a wide range of restrictive abortion laws, attempting to reverse Roe's guarantee of reproductive freedom. Lawsuits against such restrictions multiplied, with some reaching the Supreme Court. In 2022, the Supreme Court overturned Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization, ruling that there is no federal constitutional right to abortion. Since this decision, more than a dozen states have banned abortion outright, forcing people to travel long distances to access abortion care or carry pregnancies against their will.
Justice Department: Executive Branch Arm?
You may want to see also
Explore related products
The role of religion and ethics in the Roe v. Wade debate
The Roe v. Wade decision in 1973 struck down many state abortion laws and sparked a national debate in the United States about the legality of abortion, who should decide it, and the role of moral and religious views in the political sphere. The Supreme Court's decision in Roe v. Wade held that the right to privacy, implied in the 14th Amendment, protected abortion as a fundamental right.
The debate surrounding Roe v. Wade has long been influenced by religious and ethical considerations. The decision has been criticised by some religious groups, including orthodox Jewish organisations, Southern Baptists, and evangelical Christians, who argue that it undermines the protection of fetal life and goes against their religious teachings. On the other hand, progressive Christians, a majority of U.S. Catholics, mainline Protestants, Muslims, and Jews support the legality of abortion, reflecting a diversity of religious views on the issue.
Additionally, the debate surrounding Roe v. Wade has highlighted the role of ethics in decision-making. The Supreme Court's ruling in Roe v. Wade placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion, subject to strict scrutiny and requiring the state to justify any interference. The ethical considerations surrounding reproductive rights and the role of the state in regulating abortion access have been central to the debate, with some arguing for a woman's right to privacy and autonomy, while others emphasise the state's interest in protecting potential life.
The Roe v. Wade decision and its subsequent overturning in 2022 have brought to the fore the complex interplay between religion, ethics, and law in the United States. The debate continues to shape discussions around abortion rights, religious freedom, and the role of the state in regulating personal decisions.
Exploring Article 2: A Multi-Part Constitutional Journey
You may want to see also
The legal precedent set by Roe v. Wade
Roe v. Wade, 410 U.S. 113 (1973) was a landmark decision by the U.S. Supreme Court, which ruled that the Constitution protected the right to have an abortion prior to the point of fetal viability. The decision invalidated many state abortion laws and sparked a national debate about the legality of abortion and the role of moral and religious views in politics.
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 when necessary to save the mother's life. Her lawyers, Sarah Weddington and Linda Coffee, filed a lawsuit on her behalf in the U.S. federal court against her local district attorney, Henry Wade, alleging that Texas's abortion laws were unconstitutional.
The Supreme Court decided that the right to privacy implied in the 14th Amendment protected abortion as a fundamental right. The Court ruled that, before viability, it is a pregnant person's decision—not the government's—whether to continue a pregnancy. Accordingly, the government cannot ban abortion for any reason prior to viability. The Court also held that, as with other fundamental rights, restrictions on the right to abortion were subject to the most stringent level of constitutional review, often called "strict scrutiny".
The Roe decision made state abortion bans unconstitutional and abortion care legal, more accessible, and safer throughout the country. However, abortion opponents soon pressed state and federal lawmakers to enact a wide range of restrictive abortion laws attempting to reverse Roe's guarantee of reproductive freedom. Lawsuits against such restrictions multiplied, with some reaching the Supreme Court. In 2022, the Court overturned Roe v. Wade and eliminated the federal constitutional right to abortion.
Executive Orders: Constitutional or Not?
You may want to see also
Frequently asked questions
No, Roe v. Wade is not part of the US Constitution. The 1973 case established a framework for legal abortions across the United States, but it is not a constitutional amendment.
Roe v. Wade changed the way states could regulate abortion, characterising it as something covered under the constitutional rights of privacy. The case sparked an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal.
The Roe v. Wade decision ruled that a state law banning abortions except to save the mother's life was unconstitutional under the Fourteenth Amendment. The decision recognised that the right to decide whether to continue a pregnancy comes within the constitutional protection that the liberty clause in the 14th Amendment affords to privacy.
The Roe v. Wade decision struck down many state abortion laws and inspired political campaigns and movements. It also shaped the debate concerning which methods the Supreme Court should use in constitutional adjudication.
In 2022, the Supreme Court reversed the Roe v. Wade decision, taking back a constitutional protection that stood for decades. The ruling in Dobbs v. Jackson Women's Health Organization abandoned nearly 50 years of precedent and marked the first time in history that the Supreme Court has taken away a fundamental right.
