Omar Bennett
Roe v. Wade was a landmark U.S. Supreme Court case that recognised a constitutional right to abortion. The case was brought by Norma McCorvey (under the alias Jane Roe) in 1969, when she 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 ruled in her favour in 1973, holding that a state law that banned abortions except to save the mother's life was unconstitutional under the Fourteenth Amendment, which protects a right to privacy. This decision placed reproductive decision-making alongside other fundamental rights and made state abortion bans unconstitutional. However, the Roe v. Wade decision was overturned in 2022, and the authority to regulate abortion was returned to individual states.
| Characteristics | Values |
|---|---|
| Year of ruling | 1973 |
| Ruling | The right to liberty in the Constitution, which protects personal privacy, includes the right to decide whether to continue a pregnancy |
| Supreme Court Justices in favour | 7 |
| Supreme Court Justices against | 2 |
| Amendment | Fourteenth Amendment |
| Clause | Due Process Clause |
| Constitutional right | Right to privacy |
| Overturned by | Dobbs v. Jackson Women's Health Organization |
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What You'll Learn
Roe v. Wade recognised a right to privacy
Roe v. Wade was a landmark US Supreme Court case that recognised a constitutional right to privacy, specifically in the context of reproductive rights. 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. 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 Supreme Court issued a 7-2 decision in McCorvey's favour, holding that the Due Process Clause of the Fourteenth Amendment to the US Constitution provides a fundamental "right to privacy", which protects a pregnant woman's right to an abortion. The Court's decision in Roe v. Wade was based on the interpretation that the Fourteenth Amendment's guarantee of liberty includes a right to privacy, and that this right to privacy encompasses the right to make intimate and personal decisions, such as those affecting child-rearing, marriage, procreation, and the use of contraception, free from governmental interference.
The Roe v. Wade decision had a significant impact on reproductive rights in the United States. It placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion, by requiring strict scrutiny of any restrictions on the right to abortion. This meant that any infringements on the right had to be narrowly tailored to serve a compelling government interest. The decision also shaped the debate on constitutional adjudication methods and led to the development of civil suits for wrongful birth and wrongful life claims.
While Roe v. Wade recognised a constitutional right to privacy, it is important to note that it was not a constitutional amendment. Constitutional amendments are changes or additions to the text of the Constitution, and they require a more formal and rigorous process to be enacted than a Supreme Court decision. However, the interpretation of the Constitution by the Supreme Court in Roe v. Wade had a significant impact on the law and society, shaping the understanding of reproductive rights and privacy in the United States for decades.
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The ruling was based on the Fourteenth Amendment
The Roe v. Wade case was a landmark ruling by the US Supreme Court, which recognised the right to abortion. The ruling was based on the Fourteenth Amendment, which states that no state shall "deprive any person of life, liberty, or property, without due process of law". The Supreme Court interpreted this to imply a right to privacy, which includes the right to decide whether to continue a pregnancy.
The case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who, in 1969, became pregnant with her third child. Roe 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 Supreme Court's ruling in Roe v. Wade was based on the interpretation of the Fourteenth Amendment's Due Process Clause. The Court determined that Texas had violated Roe's constitutional right to privacy, which was found in the Ninth Amendment and was therefore unconstitutional. The Court's decision drew on the First, Fourth, Ninth, and Fourteenth Amendments, concluding that the Constitution protects an individual's "zones of privacy". This included the right to make intimate and personal decisions, such as those affecting child-rearing, marriage, procreation, and the use of contraception, without government interference.
The Roe v. Wade decision had a significant impact on reproductive rights in the United States. It placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion, and required that restrictions on abortion be subject to strict scrutiny. This meant that any infringements on the right must be narrowly tailored to serve a compelling government interest. The ruling also shaped the debate on the methods the Supreme Court should use in constitutional adjudication and inspired political campaigns and movements.
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It was a landmark ruling for reproductive rights
Roe v. Wade was a landmark ruling for reproductive rights in the United States. The case was brought by Norma McCorvey, under the alias "Jane Roe", who, in 1969, became pregnant with her third child. Roe wished to have 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 U.S. federal court, alleging that Texas's abortion laws were unconstitutional.
The Supreme Court issued a 7-2 decision in Roe's favour on January 22, 1973, holding that the Due Process Clause of the Fourteenth Amendment provides a fundamental "right to privacy", which protects a pregnant woman's decision to terminate her pregnancy. The Court determined that Texas had violated Roe's constitutional right to privacy, drawing on the First, Fourth, Ninth, and Fourteenth Amendments.
The Roe decision made state abortion bans unconstitutional and abortion care legal, more accessible, and safer throughout the country. For the first time, 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". This legal standard required that infringements on the right be narrowly tailored to serve a compelling government interest.
The ruling in Roe v. Wade was a significant moment in the history of reproductive rights in the United States, shaping the debate around abortion and the methods used by the Supreme Court in constitutional adjudication. The case inspired political campaigns and movements and sparked debates around ethics, religion, biology, and constitutional law.
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The decision caused a shift in the political landscape
The Roe v. Wade decision in 1973 was a landmark ruling by the US Supreme Court, which recognised a woman's right to abortion. The decision caused a significant shift in the political landscape, with the issue of abortion becoming heavily politicised.
The decision held that the Due Process Clause of the Fourteenth Amendment provided a fundamental "right to privacy", which protected a woman's decision to continue or terminate her pregnancy. This placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion, subject to the strictest level of constitutional review, known as "strict scrutiny".
The Supreme Court's ruling in Roe v. Wade had a profound impact on the political landscape, reshaping voting coalitions within the Republican and Democratic parties. The decision galvanised anti-abortion politicians and activists, who sought to restrict abortion or overturn the ruling. This led to a polarisation of political views, with abortion becoming a highly divisive issue.
The decision also influenced the strategies of both major parties. The Republican Party, for instance, worked to activate the "great silent majority" of anti-abortion voters. Meanwhile, the Democratic Party, which largely supported abortion rights, faced pressure from states seeking to protect reproductive rights.
The politicisation of abortion also extended beyond the two major parties, with Republicans and Democrats exhibiting internal ideological differences on the issue. While a majority of Democrats opposed overturning Roe v. Wade, a significant portion of conservative Republicans favoured its reversal.
The Supreme Court's decision in Roe v. Wade had far-reaching consequences, shaping the political landscape for decades. The issue of abortion continues to be a highly contentious topic, with ongoing legal battles and shifts in public opinion. The decision's legacy underscores the ongoing struggle to balance individual rights and state interests in the realm of reproductive rights.
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The ruling was overturned in 2022
The Roe v. Wade ruling was indeed overturned in 2022. The case was first heard in 1973, and the ruling recognized that the decision to continue or end a pregnancy belonged to the individual, not the government. This was based on the 14th Amendment's guarantee of liberty, which protects individual privacy.
The 1973 ruling held that the right to privacy was fundamental and that restrictions on abortion must pass the strict scrutiny test, meaning they must be narrowly tailored to serve a compelling government interest. This placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion. The ruling also made state abortion bans unconstitutional, ensuring abortion care was more accessible and safer.
In June 2022, the Supreme Court overturned Roe v. Wade, eliminating the federal constitutional right to abortion. This decision abandoned nearly 50 years of precedent and marked the first time the Supreme Court had taken away a fundamental right. The ruling in Dobbs v. Jackson Women's Health Organization, which overturned Roe, has been criticized for threatening the constitutional foundations of other liberty rights and causing harm to marginalized communities.
The overturning of Roe v. Wade has had significant impacts on access to abortion in the United States. As a result, one in three women now live in states where abortion is not accessible, and abortion bans have disproportionately harmed Black, Latino, Indigenous, and other communities of color. The decision has also been met with widespread opposition, with polls showing that a majority of Americans believe abortion should be legal and support reproductive rights.
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Frequently asked questions
Roe v. Wade was a landmark U.S. Supreme Court case that ruled that a state law banning abortions was unconstitutional.
The Supreme Court ruled that a set of Texas statutes criminalizing abortion violated a constitutional right to privacy under the Fourteenth Amendment.
Roe v. Wade recognized the right to abortion and placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion.
Roe v. Wade made state abortion bans unconstitutional, legalizing and increasing access to abortion care across the country.
Yes, in June 2022, the Supreme Court overturned Roe v. Wade in its decision in Dobbs v. Jackson Women's Health Organization, ruling that there is no federal constitutional right to abortion.
