Eleanor Finch
Roe v. Wade was a landmark legal case that centred on the constitutionality of abortion laws in the United States. The case was brought by a pregnant single woman, Jane Roe, who challenged the Texas abortion statute that permitted abortions only when necessary to save the life of the mother. Roe argued that the law infringed on her constitutional right to privacy, which was implicit in the liberty guarantee of the Due Process Clause of the Fourteenth Amendment. The U.S. Supreme Court ruled in her favour, establishing a constitutional right to abortion that was later overturned in 2022.
| Characteristics | Values |
|---|---|
| Date of ruling | January 22, 1973 |
| Ruling | Unduly restrictive state regulation of abortion is unconstitutional |
| Texas law | Permitted abortion only to save the life of the mother |
| Roe's argument | The Texas law was unconstitutional |
| Supreme Court ruling | The right of privacy, inherent in the Due Process Clause of the Fourteenth Amendment, protects a woman's choice to have an abortion |
| Supreme Court ruling overturned | 2022 |
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What You'll Learn
- Roe v. Wade ruled that restrictive state regulation of abortion is unconstitutional
- The case centred on a Texas law that only permitted abortions to save the mother's life
- The Supreme Court held that the right of privacy protects a woman's choice to have an abortion
- The ruling was based on the liberty guarantee of the Fourteenth Amendment's due process clause
- The decision was reversed in 2022, ending the constitutional right to abortion
Roe v. Wade ruled that restrictive state regulation of abortion is unconstitutional
Roe v. Wade was a landmark legal case in which the U.S. Supreme Court ruled that unduly restrictive state regulation of abortion is unconstitutional. The case was filed in 1970 by Norma McCorvey, under the alias "Jane Roe", against Henry Wade, the district attorney of Dallas County, Texas, where McCorvey resided. At the time, Texas law restricted abortions unless they were necessary to save the life of the mother.
McCorvey, a pregnant single woman, challenged the constitutionality of the Texas criminal abortion laws, which allowed abortions only when advised by a physician for the purpose of saving the mother's life. The Supreme Court agreed with McCorvey, 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. This right to privacy was found to be implicit in the liberty guarantee of the Fourteenth Amendment, which states that no state shall "deprive any person of life, liberty, or property, without due process of law".
The Court's decision in Roe v. Wade thus affirmed a "right to choose", as it is often titled, and ruled that the Texas abortion statute directly infringed on this constitutional freedom. This ruling set a precedent for abortion rights in the United States, which was upheld for nearly five decades until the Supreme Court officially reversed Roe v. Wade in 2022.
The reversal of Roe v. Wade has resulted in the loss of the constitutional right to abortion, with abortion rights being rolled back in nearly half of the states. The decision has sparked debates about women's equality, with supporters arguing 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.
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The case centred on a Texas law that only permitted abortions to save the mother's life
Roe v. Wade was a landmark case in 1973 that centred on a Texas law that only permitted abortions to save the mother's life. The case brought a class action challenging the constitutionality of the Texas criminal abortion laws, which allowed abortions only when the mother's life was in danger.
The plaintiff, Jane Roe, was a single, pregnant woman who sued Henry Wade, the local district attorney responsible for enforcing the abortion statute. She argued that the Texas law violated her constitutional rights to privacy and liberty, which are protected by the Ninth and Fourteenth Amendments. Roe's argument centred on the belief that the decision to continue or terminate a pregnancy was a personal liberty protected by the Due Process Clause of the Fourteenth Amendment.
The Supreme Court agreed with Roe, holding that the right to privacy, inherent in the Fourteenth Amendment, protects a woman's choice to have an abortion. This decision established that the right to liberty in the Constitution, encompassing personal privacy, includes the right to decide whether to continue a pregnancy. The Court ruled that any interference with this right must be justified by a "compelling interest" from the state, and that no interest was compelling enough to ban abortion before fetal viability.
The Roe v. Wade decision had significant implications, making state abortion bans unconstitutional and abortion care legal, more accessible, and safer nationwide. It placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion, by affording it the highest degree of constitutional protection, known as "strict scrutiny".
However, the decision also sparked opposition and criticism, with lingering resistance to abortion in certain parts of the country. This resistance led to numerous legal challenges and attempts to restrict abortion access, particularly for vulnerable populations. In 2022, the Supreme Court overturned Roe v. Wade in the Dobbs v. Jackson Women's Health Organization case, eliminating the federal constitutional right to abortion.
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The Supreme Court held that the right of privacy protects a woman's choice to have an abortion
Roe v. Wade was a landmark legal case in which the U.S. Supreme Court ruled on the constitutionality of abortion laws. The case began in 1970 when "Jane Roe"—a pseudonym for Norma McCorvey, a pregnant single woman from Dallas, Texas—filed a lawsuit against Henry Wade, the local district attorney tasked with enforcing the state's abortion statute. Texas law at the time permitted abortion only when necessary to save the life of the mother.
McCorvey argued that the Texas law was unconstitutional, infringing on a woman's right to privacy and her liberty, as guaranteed by the Due Process Clause of the Fourteenth Amendment. The Supreme Court agreed, holding that the right of privacy protects a woman's choice to have an abortion. This right, the Court determined, is inherent in the Fourteenth Amendment's guarantee of liberty and due process, which states that "nor shall any state deprive any person of life, liberty, or property, without due process of law."
In its ruling, the Court asserted that the Texas abortion statute directly infringed on the constitutional right to privacy. The Court's opinion, written by Justice Harry A. Blackmun, invalidated the Texas statute, finding that it imposed undue restrictions on abortion access during the first trimester of pregnancy. The Court's decision set a precedent, affirming the "right to choose" and recognising that a woman's interests in her physical and emotional well-being during pregnancy supersede other rights and interests.
However, the Roe v. Wade decision has been controversial, with critics arguing that it lacks a valid constitutional foundation. Dissenting opinions within the Court itself have questioned the interpretation of "privacy" in this context, suggesting that a medical abortion performed by a licensed physician does not fall under the ordinary usage of the word "private." Outside the Court, opponents have maintained that the Constitution does not explicitly address abortion, and that the matter should be left to state legislatures and the legislative process rather than a sweeping ruling from the Supreme Court.
In 2022, the U.S. Supreme Court officially reversed Roe v. Wade, declaring that the constitutional right to abortion no longer exists. The reversal, written by Justice Samuel Alito, argued that the original 1973 ruling and subsequent decisions upholding it were "egregiously wrong" and "damaging," amounting to "an abuse of judicial authority." The reversal of Roe v. Wade has had far-reaching consequences, with abortion rights being rolled back in many states and restrictions expected to continue.
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The ruling was based on the liberty guarantee of the Fourteenth Amendment's due process clause
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 case began in 1970 when "Jane Roe", a fictional name 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.
Roe, a pregnant single woman, brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. 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 Due Process Clause of the Fourteenth Amendment states that "...nor shall any state deprive any person of life, liberty, or property, without due process of law". The Court's ruling in Roe v. Wade was based on the interpretation that this clause guarantees a woman's liberty, including her right to choose whether 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.
While the Supreme Court's ruling in Roe v. Wade established a precedent for abortion rights, it has been a highly controversial decision. Opponents argue that the decision lacks a valid constitutional foundation, as the Constitution does not explicitly mention any right to privacy. They contend that the issue should be decided by state legislatures rather than through a sweeping ruling from the Supreme Court. In 2022, the Supreme Court officially reversed Roe v. Wade, declaring that the constitutional right to abortion no longer exists.
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The decision was reversed in 2022, ending the constitutional right to abortion
Roe v. Wade was a landmark decision of the U.S. Supreme Court in 1973, in which the Court ruled that the Constitution of the United States protected the right to have an abortion prior to the point of fetal viability. The decision struck down many state abortion laws, including those in Texas, which permitted abortion only in cases where the procedure was necessary to save the life of the mother.
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. She 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.
However, on June 24, 2022, the Supreme Court ruled 6-3 to uphold Mississippi's Gestational Age Act, and 5-4 to overrule Roe and Casey, ending the federal constitutional right to abortion in the United States. The opinion of the court, written by Justice Alito, stated that Roe was "egregiously wrong from the start" and that its reasoning was "exceptionally weak". Alito's opinion relied on a constitutional historical view of abortion rights, arguing that "the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision".
The reversal of Roe v. Wade has had a significant impact on abortion access in the United States, with 18 states banning or severely restricting abortion in the months following the decision. The abortion bans have disproportionately harmed Black, Latino, Indigenous, and other communities of color, where systemic racism has long blocked access to opportunity and healthcare.
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Frequently asked questions
The constitutional question in Roe v. Wade was whether a set of Texas statutes criminalizing abortion in most instances violated a constitutional right to privacy.
The U.S. Supreme Court ruled (7-2) that unduly restrictive state regulation of abortion is unconstitutional, thereby upholding a woman's right to abortion.
Roe v. Wade set a precedent that was followed by several states, affirming the "right to choose". However, in 2022, the U.S. Supreme Court officially reversed this ruling, declaring that the constitutional right to abortion no longer exists.
