Eleanor Finch
The topic of abortion and its constitutionality according to the Supreme Court has been a highly debated issue in the United States for decades. The Supreme Court's ruling in Roe v. Wade on January 22, 1973, decriminalized abortion nationwide, protecting a woman's decision to terminate her pregnancy under the 14th Amendment's Liberty Clause. However, in 2022, the Supreme Court overturned Roe v. Wade, and with it, the federal constitutional right to abortion, leaving the decision of abortion legality to individual states.
| Characteristics | Values |
|---|---|
| Supreme Court ruling | Roe v. Wade (1973) |
| Supreme Court decision | Abortion is not constitutional under the U.S. Constitution |
| Basis for decision | The right to privacy implied in the 14th Amendment |
| Government power | To regulate or restrict abortion access depending on the stage of pregnancy |
| State constitutions | Some independently protect abortion rights |
| State courts | Some ruled that their constitutions guarantee the right to abortion |
| Dobbs v. Jackson Women's Health Organization (2022) | Overturned Roe v. Wade |
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What You'll Learn
Roe v. Wade
In 1970, Coffee and Weddington filed Roe v. Wade as a lawsuit in the U.S. District Court for the Northern District of Texas on behalf of McCorvey, under the legal pseudonym "Jane Roe". The defendant was Dallas County District Attorney, Henry Wade, who represented the State of Texas. The Court allowed James H. Hallford, a physician being prosecuted for performing two abortions, to join the suit as a physician-intervenor on behalf of Jane Roe.
The lawsuit was heard by a three-judge panel consisting of district court judges Sarah T. Hughes and William McLaughlin Taylor Jr., and appellate judge Irving Loeb Goldberg of the U.S. Court of Appeals for the Fifth Circuit. On June 17, 1970, the three judges unanimously ruled in McCorvey's favour, declaring the Texas law unconstitutional as it violated the right to privacy found in the Ninth Amendment.
Wade reached the Supreme Court when both sides appealed in 1970. On January 22, 1973, the Supreme Court handed down its decision, with seven of the nine justices agreeing that the Due Process Clause of the Fourteenth Amendment implies a right to privacy. The Court decided that the right to privacy protected abortion as a fundamental right, although the government retained the power to regulate or restrict abortion access depending on the stage of pregnancy. The Roe Court ruled that states may not categorically proscribe abortions by making their performance a crime.
In 2022, the Supreme Court overturned Roe v. Wade, reversing its five-decade-old decision that guaranteed a woman's right to obtain an abortion. Writing for the court majority, Justice Samuel Alito said that the 1973 Roe ruling and subsequent high court decisions reaffirming Roe "must be overruled" because they were "egregiously wrong". Several states, including Mississippi, North Carolina, and Wisconsin, still have decades-old abortion bans on their books; with Roe overturned, those states could revert to enforcing these laws.
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Dobbs v. Jackson Women's Health Organization
In 2022, the Supreme Court case Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade (1973), which had guaranteed a constitutional right to abortion. The decision in Dobbs v. Jackson Women's Health Organization held that the Constitution does not confer a right to abortion and instead allowed states to regulate or prohibit abortion. This marked a significant shift in the legal landscape surrounding abortion rights in the United States.
The case originated when Mississippi's only abortion clinic, Jackson Women's Health Organization, and one of its doctors, Sacheen Carr-Ellis, challenged the Gestational Age Act, which banned abortions after 15 weeks of pregnancy. They sued state officials, including Thomas E. Dobbs, contending that the Act violated the Constitution. In November 2018, Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled in favor of the clinic, placing an injunction on Mississippi and preventing them from enforcing the Act. Reeves based his decision on evidence that fetal viability begins between 23 and 24 weeks, concluding that Mississippi's interest in banning abortions before that stage was not strong enough to justify the restriction.
The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization had far-reaching implications. It struck down aspects of abortion-related laws in numerous states, the District of Columbia, and the territories. The Court conducted a historical review of medical and legal views on abortion, finding that modern prohibitions lacked a solid historical foundation. This decision sparked widespread debate and had a significant impact on abortion access and reproductive rights across the nation.
The Dobbs case also had international repercussions, with the United Nations High Commissioner for Human Rights, Michelle Bachelet, expressing disappointment and stating that the decision represented a "major setback" for sexual and reproductive health and rights. The Director-General of the World Health Organization, Tedros Adhanom Ghebreyesus, also voiced his disappointment, emphasizing the importance of protecting women's rights. The decision in Dobbs v. Jackson Women's Health Organization underscored the ongoing controversy and legal complexities surrounding abortion rights in the United States, with ongoing debates and efforts to shape abortion-related legislation at the state and federal levels.
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The 14th Amendment's Liberty Clause
The Roe v. Wade decision had significant positive impacts on women's socioeconomic standing and gender equality. It enabled women to plan and control their families, participate more fully in society, and attain higher levels of education, employment, and economic security. The decision also recognized the constitutional importance of decisions about childbearing, grounding reproductive rights in federal constitutional rights of privacy and liberty.
However, the Roe v. Wade decision was not without its critics. Some argued that the right to reproductive autonomy goes beyond abortion and includes the right to have a healthy pregnancy, safely raise children, and live without fear of prosecution for conduct during pregnancy or experiencing miscarriages or stillbirths. In Dobbs v. Jackson Women's Health Organization (2022), the Supreme Court overturned Roe v. Wade, concluding that abortion was not protected by the Constitution. This decision increased judicial oversight of abortion-related laws and led to the enforcement of abortion bans in several states.
Despite the overturning of Roe v. Wade, the 14th Amendment's Liberty Clause continues to be invoked in the legal debate around abortion. Several state courts have ruled that their constitutions guarantee the right to abortion, citing explicit references to "privacy" or language that broadly protects personal autonomy. The interpretation of the 14th Amendment's Liberty Clause remains a critical aspect of the ongoing discussion surrounding abortion rights in the United States.
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State constitutions
In Roe v. Wade (1973), the U.S. Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment protects a woman's decision to terminate her pregnancy under the right to privacy. This decision was overturned in 2022 by Dobbs v. Jackson Women's Health Organization, which ruled that there is no constitutional right to abortion.
Despite this, some state constitutions have independently protected abortion rights. For example, the Kansas Supreme Court has ruled that the constitution's guarantee of "equal and inalienable natural rights" protects personal decision-making, self-determination, and bodily integrity. Other states have adopted an approach consistent with Roe, in which the right to privacy, including reproductive freedom, is recognised as implied in the state constitution.
A report published in July 2022 outlined 10 states in which high courts recognised that their state constitutions protect abortion rights and access independently from and more strongly than the U.S. Constitution. These state courts have built a foundation of jurisprudence that recognises strong personal privacy and autonomy rights, equality principles, and the deeply rooted nature of abortion protections in history and text.
Over the last few decades, the Center for Reproductive Rights has brought cases in state courts to build strong abortion protections at the state level independent of federal law. This has resulted in broader protections for abortion rights and access and influenced outcomes in other cases and courts.
While the U.S. Supreme Court has taken away the constitutional right to abortion, state constitutions and courts matter more than ever in protecting abortion rights and shielding access to abortion in highly restrictive parts of the country.
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The Hyde Amendment
In 1973, the Supreme Court decided in Roe v. Wade that the right to privacy implied in the 14th Amendment protected abortion as a fundamental right. The decision meant that the government could regulate or restrict abortion access depending on the stage of pregnancy. However, the Supreme Court overturned Roe v. Wade in 2022, in Dobbs v. Jackson Women's Health Organization, eliminating the constitutional right to abortion.
The impact of the Hyde Amendment on abortion access is significant, particularly for those with Medicaid coverage. Medicaid is a significant source of health coverage for women who have higher rates of abortion, including low-income women and women of color. The amendment has led to a decrease in the number of abortions financed by federal Medicaid, affecting the ability of eligible women to access abortion services.
While the Hyde Amendment specifically addresses federal funding for abortions, it has influenced the adoption of similar restrictions at the state level and in other federal programs. Some states have enacted their own versions of the Hyde Amendment, further limiting abortion access for their residents.
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Frequently asked questions
The Supreme Court's Roe v. Wade ruling in 1973 decriminalized abortion nationwide, protecting the right to access abortion legally across the country. The ruling was based on the 14th Amendment's Liberty Clause, which states that no state shall "deprive any person of life, liberty, or property, without due process of law."
Roe v. Wade ensured safe and legal abortion access for nearly 50 years. However, it did not protect people's ability to access abortion services, and many states passed restrictive laws.
The Supreme Court's Dobbs v. Jackson Women's Health Organization ruling in 2022 overturned Roe v. Wade, eliminating the federal constitutional right to abortion. As a result, abortion access has been severely restricted or banned in many states.
While the focus has primarily been on the 14th Amendment, some have also cited the 9th Amendment as supporting abortion rights, guaranteeing "the right of choice over events which, by their character and consequences, bear in a fundamental manner on the privacy of individuals."
