Jonah Patel
Roe v. Wade is a landmark legal case in which the U.S. Supreme Court ruled that unduly restrictive state regulation of abortion is unconstitutional. The case began in 1970 when Jane Roe—a pseudonym for Norma McCorvey, who was six months pregnant at the time—instituted federal action against Henry Wade, the district attorney of Dallas County, Texas, where Roe resided. Texas law at the time restricted abortions except when necessary to save the life of the mother. Roe argued that the Texas law was unconstitutional, and the Supreme Court agreed, holding that the right of privacy, inherent in the Due Process Clause of the Fourteenth Amendment, protects a woman's choice to have an abortion. The Roe decision made state abortion bans unconstitutional and abortion care legal, safer, and more accessible nationwide. However, the decision has faced significant opposition and has been criticised for its questionable constitutional foundation.
| Characteristics | Values |
|---|---|
| Date of ruling | January 22, 1973 |
| Ruling | Texas law restricting abortions except to save the life of the mother is unconstitutional |
| Ruling rationale | The right to privacy, inherent in the Due Process Clause of the Fourteenth Amendment, protects a woman's choice to have an abortion |
| Ruling majority | 7-2 |
| Ruling author | Justice Harry A. Blackmun |
| Plaintiff | Jane Roe (pseudonym for Norma McCorvey) |
| Defendant | Henry Wade, district attorney of Dallas County, Texas |
| Subsequent challenges | Narrowed the decision's scope but did not overturn it |
| Overturned by | Dobbs v. Jackson Women's Health Organization (2022) |
| Constitutional question | Whether the right to privacy implicit in the Fourteenth Amendment protects abortion as a fundamental right |
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What You'll Learn
Roe v. Wade and the right to privacy
Roe v. Wade is a landmark legal case in which the U.S. Supreme Court ruled that unduly restrictive state regulation of abortion is unconstitutional. The case began in 1970 when "Jane Roe"—a pseudonym used to protect the identity of the plaintiff, Norma McCorvey—instituted federal action against Henry Wade, the district attorney of Dallas County, Texas, where Roe resided. At the time, Texas law restricted abortions except when necessary to save the life of the mother.
The Supreme Court held that the right of privacy, inherent in the Due Process Clause of the Fourteenth Amendment, protects a woman’s choice to have an abortion. This right to privacy was described by Justice Blackmun, who wrote the majority opinion, as a fundamental right, which meant that the most searching legal test would apply to restrictions. However, this right is limited as the pregnancy advances by the State's interest in maternal health and in fetal life after viability. The Court's decision in Roe v. Wade thus 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."
While Roe v. Wade was a significant victory for abortion rights, it did not end the debate over abortion in the United States. Opponents of Roe argue that the decision lacks a valid constitutional foundation and that the proper solutions to the question of abortion should be found through state legislatures rather than through a ruling from the Supreme Court. In the years following the decision, there were repeated challenges to Roe v. Wade, which narrowed its scope but did not overturn it until 2022. In Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), the Supreme Court established that restrictions on abortion are unconstitutional if they place an "undue burden" on a person seeking an abortion before the fetus is viable. However, the Court upheld the federal Partial-Birth Abortion Ban Act in 2007, which prohibited a rarely used abortion procedure. In 2016, the Court invoked its decision in Casey to strike down provisions of a Texas law requiring that abortion clinics meet certain standards and that doctors performing abortions have admitting privileges at a nearby hospital.
In 2022, the Supreme Court overturned Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization. The Court's decision in Dobbs abandoned nearly 50 years of precedent and marked the first time in history that the Supreme Court has taken away a fundamental right. Since the ruling, more than a dozen states have banned abortion outright, forcing people to travel long distances to access abortion care or to carry pregnancies against their will, a violation of their human rights.
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The Fourteenth Amendment
Roe v. Wade is a landmark legal case in which the U.S. Supreme Court ruled that unduly restrictive state regulation of abortion is unconstitutional. The case began in 1970 when "Jane Roe"—a pseudonym used to protect the identity of the plaintiff, Norma McCorvey—instituted federal action against Henry Wade, the district attorney of Dallas County, Texas, where Roe resided. At the time, Texas law restricted abortions except when necessary to save the life of the mother.
The Supreme Court held that the right of privacy, inherent in the Due Process Clause of the Fourteenth Amendment, protects a woman's choice to have an abortion. This right to privacy was recognised as a fundamental right, akin to freedom of speech and freedom of religion, and was afforded the highest degree of constitutional protection, known as "strict scrutiny". The Court's decision set a precedent that state abortion bans were unconstitutional, making abortion care legal, more accessible, and safer across the country.
Supporters of Roe contend that the 1973 decision accurately founds the right to abortion in the Fourteenth Amendment. They argue that the power balance between men and women is unequal and that issues like access to birth control and political representation affect women's equality. However, opponents of Roe argue that the decision lacks a valid constitutional foundation. They maintain that the Constitution is silent on the issue and that solutions should be found through state legislatures rather than a sweeping ruling from the Supreme Court.
Despite attempts to overturn Roe v. Wade after 1973, the decision stood for nearly five decades until it was ultimately overturned by the Supreme Court in 2022.
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The liberty clause
Roe v. Wade was a landmark case in which the U.S. Supreme Court, on January 22, 1973, ruled that unduly restrictive state regulation of abortion is unconstitutional. The Court held that a set of Texas statutes criminalizing abortion in most instances, except when necessary to save the mother's life, violated a constitutional right to privacy. This right to privacy is inherent in the Due Process Clause of the Fourteenth Amendment.
Writing for the majority, Justice Blackmun described the right to personal privacy as fundamental. This meant that the strictest legal scrutiny would apply to any restrictions on this right. He concluded that the right "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." The Court recognized that denying a woman the choice to terminate her pregnancy could result in significant health and economic risks, thus infringing on her liberty.
The Roe v. Wade decision set a precedent for reproductive rights, placing them alongside other fundamental rights, such as freedom of speech and religion. It required states to justify any interference with the right to abortion by demonstrating a "compelling interest." Before fetal viability, the government cannot ban abortion for any reason, as it falls within the realm of personal liberty. However, after viability, the state can promote its interest in protecting the fetus and may ban abortion or take other measures.
The Roe v. Wade decision has been controversial, with opponents arguing that it lacks a valid constitutional foundation. They contend that the Constitution does not explicitly mention a right to privacy and that the Supreme Court overstepped its bounds by making an all-encompassing ruling. Despite these objections, the decision stood for nearly five decades, shaping abortion laws and reproductive rights across the nation.
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The state's interest in maternal health
Roe v. Wade is a landmark case in which the U.S. Supreme Court ruled that unduly restrictive state regulation of abortion is unconstitutional. The case began in 1970 when "Jane Roe"—a pseudonym used to protect the plaintiff, Norma McCorvey—instituted federal action against Henry Wade, the district attorney of Dallas County, Texas. At the time, Texas law restricted abortions unless they were necessary to save the mother's life.
The Supreme Court's decision in Roe v. Wade recognized that the right to liberty in the Constitution, which protects personal privacy, includes the right to decide whether to continue a pregnancy. This placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion, by conferring the highest degree of constitutional protection, known as "strict scrutiny."
The Court held that the right of privacy, inherent in the Due Process Clause of the Fourteenth Amendment, protects a woman's choice to have an abortion. However, this right is limited as the pregnancy advances by the state's interest in maternal health and fetal life after viability. The state's interest in maternal health is a crucial aspect of the Roe v. Wade decision, as it acknowledges the potential risks and complications associated with pregnancy and childbirth.
The state has a responsibility to ensure that pregnant women have access to safe and adequate healthcare. This includes providing resources and services that promote maternal health and well-being throughout pregnancy, delivery, and the postpartum period. By recognizing the state's interest in maternal health, the Court acknowledged that maternal mortality and morbidity are significant concerns that require attention and resources. This interest also highlights the importance of ensuring access to prenatal care, adequate nutrition, and social support for pregnant women.
The Roe v. Wade decision set a precedent for evaluating restrictions on abortion under the strict scrutiny standard. This standard requires that any infringement on the right to abortion be narrowly tailored to serve a compelling government interest. The state's interest in maternal health is one such compelling interest, as it aims to protect the lives and well-being of pregnant women. This interest becomes more pronounced as the pregnancy advances, as the risks to maternal health may increase during later stages of pregnancy and childbirth.
While the Roe v. Wade decision centered on the constitutional right to privacy and reproductive freedom, the state's interest in maternal health played a significant role in shaping the Court's ruling. By recognizing this interest, the Court balanced the protection of women's reproductive rights with the government's responsibility to promote and safeguard maternal health. This aspect of the decision underscored the importance of comprehensive maternal healthcare and the state's duty to ensure the well-being of pregnant women.
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The state's interest in fetal life
In Roe v. Wade, the Supreme Court ruled that the right to liberty in the Constitution, which protects personal privacy, includes the right to decide whether to continue a pregnancy. The Court held that the right to abortion is a "fundamental right", and that the decision to continue or end a pregnancy is fundamental to "personal liberty".
The Court's ruling in Roe v. Wade had significant implications for abortion rights in the United States. Prior to the decision, nearly all states banned abortion except under certain limited circumstances, such as to save the life of the mother. Roe v. Wade deemed these bans unconstitutional, making abortion legal and more accessible for many pregnant people across the country.
However, the ruling in Roe v. Wade was controversial, and opponents argued that it lacked a valid constitutional foundation. They maintained that the Constitution does not explicitly mention any right to privacy, and that the Supreme Court's ruling overstepped the powers of the legislative process.
The determination of fetal viability is crucial in balancing the rights of the pregnant woman and the state's interest in fetal life. In Roe v. Wade, the Court determined that fetal viability occurred at 28 weeks. However, in subsequent years, medical advancements have pushed this timeline earlier, with the Court recognising in later cases that a fetus may be viable at 23 or 24 weeks. The state's interest in fetal life is directly tied to this viability threshold, as it marks the point at which the state may act to protect the fetus by banning abortion or imposing other restrictions.
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Frequently asked questions
Roe v. Wade was a legal case in which the U.S. Supreme Court ruled that unduly restrictive state regulation of abortion is unconstitutional.
The constitutional question of Roe v. Wade centred on whether a right to privacy, protecting a woman's choice to have an abortion, was implicit in the liberty guarantee of the Due Process Clause of the Fourteenth Amendment.
The outcome of Roe v. Wade was a 7-2 decision invalidating a Texas law that prohibited abortions except when necessary to save the life of the mother. The Supreme Court recognised that the right to decide whether to continue a pregnancy was protected by the liberty clause in the Fourteenth Amendment, which affords privacy.
