The Constitution's Protection Of Roe V. Wade

Roe v. Wade is a landmark case in the history of abortion rights in the US. In 1973, the Supreme Court ruled that the US Constitution protects a woman's decision to terminate her pregnancy, placing reproductive decision-making alongside other fundamental rights such as freedom of speech and freedom of religion. The Court held that the right to privacy, inherent in the Due Process Clause of the Fourteenth Amendment, protects a woman's choice to have an abortion. This right is limited, however, as the pregnancy advances, by the State's interest in maternal health and fetal life after viability.

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Roe v. Wade ruled that the right to liberty in the Constitution protects personal privacy

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. This was the first time the Court took up this question and affirmed the "right to choose".

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. Roe 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 right of privacy is inherent in the Due Process Clause of the Fourteenth Amendment. However, this right is limited as the pregnancy advances by the State's interest in maternal health and in fetal life after viability.

Roe v. Wade ruled that the right to privacy is inherent in the Due Process Clause of the Fourteenth Amendment

In 1973, the Supreme Court ruled in Roe v. Wade that the right to privacy is inherent in the Due Process Clause of the Fourteenth Amendment. This meant that the U.S. Constitution protects a woman's decision to terminate her pregnancy. The Court recognised that the right to liberty in the Constitution, which protects personal privacy, includes the right to decide whether to continue a pregnancy. Roe placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and freedom of religion, by conferring it the highest degree of constitutional protection, known as "strict scrutiny".

The Court held that the government cannot ban abortion for any reason prior to viability. However, as the pregnancy advances, the right is limited by the State's interest in maternal health and in fetal life after viability. The 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. This was the first time the Court took up this question and affirmed the "right to choose".

It is important to note that the "privacy" referred to in Roe v. Wade is distinct from the freedom from searches and seizures protected by the Fourth Amendment to the Constitution.

Roe v. Wade ruled that the government cannot ban abortion for any reason prior to viability

In 1973, Roe v. Wade ruled that the government cannot ban abortion for any reason prior to viability. The Supreme Court recognised 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 freedom of religion.

The Court ruled that, before viability, it is a pregnant person's decision—not the government's—whether to continue a pregnancy. The right to privacy, inherent in the Due Process Clause of the Fourteenth Amendment, protects a woman's choice to have an abortion. This right is limited, however, as the pregnancy advances, by the State's interest in maternal health and in fetal life after viability.

Roe v. Wade held that restrictions on the right to abortion were subject to the most stringent level of constitutional review, often called "strict scrutiny". This legal standard required that infringements on the right be narrowly tailored to serve a compelling government interest. Applying a trimester framework, Roe permitted more regulation of abortion as the pregnancy advanced, but only when that regulation was evidence-based and consistent with how other similar medical procedures were treated.

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Roe v. Wade ruled that the right to decide whether to continue a pregnancy is a fundamental right

In 1973, Roe v. Wade ruled that the right to decide whether to continue a pregnancy is a fundamental right. The Supreme Court recognised 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 freedom of religion.

The Court ruled that, before viability, it is a pregnant person's decision, not the government's, whether to continue a pregnancy. This means that the government cannot ban abortion for any reason prior to viability. 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. This right is limited, however, as the pregnancy advances, by the State's interest in maternal health and in fetal life after viability.

Roe v. Wade 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". This legal standard required that infringements on the right be narrowly tailored to serve a compelling government interest. Applying a trimester framework, Roe permitted more regulation of abortion as the pregnancy advanced, but only when that regulation was evidence-based and consistent with how other similar medical procedures were treated.

Roe v. Wade ruled that the right to abortion was subject to the most stringent level of constitutional review, known as 'strict scrutiny'

Roe v. Wade ruled that the right to abortion was subject to the most stringent level of constitutional review, known as strict scrutiny. This means that the right to abortion was placed alongside other fundamental rights, such as freedom of speech and freedom of religion, and was given the highest degree of constitutional protection. The Supreme Court ruled 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 is limited, however, as the pregnancy advances, by the State's interest in maternal health and in fetal life after viability.

The Court concluded that the U.S. Constitution protects a woman's decision to terminate her pregnancy. This decision was based on the right to liberty in the Constitution, which protects personal privacy. The Supreme Court required the state to justify any interference with the right to access abortion by showing that it had a "compelling interest". No interest was deemed compelling enough to ban abortion before viability.

Roe v. Wade had two key parts. Firstly, the Court ruled that, before viability, it is a pregnant person's decision, not the government's, whether to continue a pregnancy. Secondly, Roe held that, as with other fundamental rights, restrictions on the right to abortion were subject to strict scrutiny. This legal standard required that infringements on the right be narrowly tailored to serve a compelling government interest. Applying a trimester framework, Roe permitted more regulation of abortion as the pregnancy advanced, but only when that regulation was evidence-based and consistent with how other similar medical procedures were treated.

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