Isabella Carter
Roe v. Wade is a landmark 1973 US Supreme Court case that ruled a set of Texas statutes criminalizing abortion in most instances violated a constitutional right to privacy, which it found to be implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment. The case has been controversial since its ruling, with opponents arguing that the decision lacks a valid constitutional foundation. The case was ultimately overturned in 2022, with the Supreme Court ruling that there is no federal constitutional right to abortion.
| Characteristics | Values |
|---|---|
| Year of ruling | 1973 |
| Ruling date | January 22, 1973 |
| Ruling | Unduly restrictive state regulation of abortion is unconstitutional |
| Ruling specifics | A set of Texas statutes criminalizing abortion in most instances violated a constitutional right to privacy |
| Ruling vote | 7-2 |
| Ruling author | Justice Harry A. Blackmun |
| Ruling justification | The right to liberty in the Constitution, which protects personal privacy, includes the right to decide whether to continue a pregnancy |
| Ruling protection | The state could not ban abortion prior to fetal viability |
| Ruling protection specifics | Even after fetal viability, abortion must be permitted to protect a patient's life and health |
| Ruling implications | Abortion opponents pressed state and federal lawmakers to enact a wide range of restrictive abortion laws |
| Ruling impact | Abortion became legal, more accessible, and safer |
| Ruling impact on access | Low-income people, people of color, young people, and others continued to face obstacles to abortion care |
| Ruling impact on politics | Abortion became a politically divisive issue |
| Overturned | Yes, in 2022 |
| Overturning impact | One in three women now live in states where abortion is not accessible |
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What You'll Learn
Roe v. Wade and the right to privacy
Roe v. Wade is a landmark case in which the U.S. Supreme Court ruled that restrictive state regulation of abortion is unconstitutional. The case began in 1970 when "Jane Roe", a pseudonym for Norma McCorvey, instituted federal action against Henry Wade, the district attorney of Dallas County, Texas. Roe argued that the Texas statutes criminalizing abortion in most instances violated a constitutional right to privacy, which was implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment.
The Supreme Court's ruling in Roe v. Wade recognized that the decision to continue or end a pregnancy belongs to the individual, not the government. The Court held that the guarantee of "liberty" in the Fourteenth Amendment, which protects individual privacy, includes the right to abortion prior to fetal viability. 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 Roe decision made state abortion bans unconstitutional and abortion care legal, more accessible, and safer across the country. It required the state to justify any interference with the right to abortion by demonstrating a "compelling interest", and held that no interest was compelling enough to ban abortion before viability. However, despite Roe v. Wade, many people, especially low-income individuals, people of color, and young people, continued to face obstacles to abortion care.
Roe v. Wade was overturned by the Supreme Court in 2022, ending the federal constitutional right to abortion in the United States. This decision was unpopular and politically toxic, with one in three women now living in states where abortion is not accessible. The abortion bans that have been enacted since the ruling have disproportionately harmed marginalized communities, including Black, Latino, and Indigenous communities, where systemic racism has long blocked access to healthcare and opportunities.
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The Fourteenth Amendment
In Roe v. Wade, the Supreme Court of the United States held that the Fourteenth Amendment protects a woman's right to privacy, which includes the decision to terminate her pregnancy. The Court recognised that the right to decide whether to continue a pregnancy falls within the liberty clause in the Fourteenth Amendment, which protects individual privacy. This right to privacy has been interpreted to include the right to make intimate and personal decisions, including those affecting child-rearing, marriage, procreation, and the use of contraception, free from governmental interference.
The Court's ruling in Roe v. Wade was based on the idea that the Fourteenth Amendment's guarantee of liberty protects a woman's right to make her own medical decisions, including the decision to have an abortion prior to fetal viability. This was consistent with earlier Supreme Court rulings that recognised a right to privacy in intimate and personal decisions. The Court also rejected arguments that favoured "personhood" for fetuses, instead affirming that the decision to terminate a pregnancy belongs to the individual, not the government.
However, the Court in Roe v. Wade also held that the government retains the power to regulate or restrict abortion access, particularly during the later stages of pregnancy. After fetal viability, outright bans on abortion were permitted if they contained exceptions to preserve the life and health of the mother. This decision sparked decades of debate over the extent to which the government could restrict abortion access, with many states adopting new abortion regulations.
In 2022, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, eliminating the federal constitutional right to abortion. This decision has been criticised for taking away a fundamental right and for inflicting harm on marginalised communities, including Black, Latino, and Indigenous communities. The Court's ruling in Dobbs has allowed more than a dozen states to ban abortion outright, severely restricting access to abortion care.
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The Supreme Court's role
Roe v. Wade is a U.S. Supreme Court case that legalized abortion in the United States in 1973. The Supreme Court recognized 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 a set of Texas statutes criminalizing abortion in most instances violated a constitutional right to privacy, implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment. The Supreme Court's ruling in Roe v. Wade affirmed that the decision to continue or end a pregnancy belongs to the individual, not the government.
The Supreme Court also considered the constitutionality of abortion bans in other cases, such as Planned Parenthood of Southeastern Pennsylvania v. Casey and Whole Woman's Health v. Hellerstedt. In these cases, the Court reaffirmed the constitutional protection of abortion access and established that restrictions on abortion are unconstitutional if they place an "undue burden" on a person seeking an abortion before fetal viability.
In 2022, the Supreme Court overturned Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization. The Court's ruling eliminated the federal constitutional right to abortion, allowing states to ban or severely restrict abortion access. The change in the makeup of the Supreme Court between 2016 and 2020, with the appointment of justices hostile to reproductive rights, played a significant role in the overturning of Roe v. Wade.
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State abortion bans
The Supreme Court's overturning of Roe v. Wade in June 2022 has had a profound impact on abortion rights across the United States, with abortion bans or severe restrictions enacted in numerous states. As of January 2023, abortion is illegal in 13 states, with more states working to pass bans or restrictions. This has resulted in limited access to abortion services for millions of people, particularly affecting communities of color, where systemic racism has historically hindered access to healthcare and opportunities.
The decision to overturn Roe v. Wade has shifted the regulation of abortion to individual states, allowing them to implement their own policies and restrictions. States that had previously expressed a desire to prohibit abortion entirely, categorized as "Hostile," are now able to do so. These states are vulnerable to the revival of old abortion bans or the introduction of new ones, and the lack of legal protections for abortion leaves residents with limited options.
Several states, including Wisconsin, have attempted to enforce pre-Roe abortion bans that had been effectively repealed or overridden by Roe. Wisconsin's 1849 abortion ban, for example, was challenged by Governor Tony Evers and Attorney General Josh Kaul, who argued that subsequent abortion regulations had implicitly repealed the outdated ban.
The impact of these state abortion bans has been significant, with one in three women now living in states where abortion is not accessible. The loss of federal constitutional protection for abortion has resulted in a patchwork of varying state laws, creating a complex landscape of abortion access across the country.
While support for abortion rights remains strong among US adults, with 64% supporting legal abortion in most or all cases, the legal landscape has become increasingly challenging for those seeking abortion services. The overturning of Roe v. Wade has highlighted the importance of understanding state-specific abortion laws and the ongoing efforts to protect or restrict abortion rights at the state level.
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The impact on women's equality
The Roe v. Wade decision by the US Supreme Court in 1973 was a significant milestone in the advancement of gender equality. The ruling recognised the right to abortion, which was consistent with earlier Supreme Court decisions that upheld a right to privacy in intimate and personal decisions, including those affecting child-rearing, marriage, procreation, and contraception. By guaranteeing the right to make decisions during pregnancy, Roe played a critical role in promoting gender equality in educational, economic, and political spheres.
The overturning of Roe v. Wade in 2022 has had a profound impact on women's equality. The ruling eliminated the federal constitutional right to abortion, allowing individual states to independently determine the legal parameters surrounding abortion care. This has resulted in a significant rollback of women's reproductive rights and freedom, with one in three women now residing in states where abortion is not accessible. The loss of Roe v. Wade disproportionately affects marginalised communities, including low-income individuals, people of colour, young people, and other vulnerable groups.
The denial of abortion rights has been equated with compulsory motherhood, subjecting women to "involuntary servitude" in violation of the Thirteenth Amendment. The inability to access safe and legal abortion care can have severe consequences for women's health, well-being, and economic stability. It can lead to unintended pregnancies, limited access to reproductive health services, and increased health risks, particularly for midlife women and women of colour.
The repercussions of overturning Roe v. Wade extend beyond the United States, impacting global discussions and norms surrounding reproductive health and rights. The decision has emboldened opposition to abortion internationally, influencing policies and funding decisions that negatively affect sexual and reproductive health services, particularly in developing countries.
The impact of the overturned Roe v. Wade decision underscores the fragile nature of women's equality and the ongoing struggle to protect and advance reproductive rights. The loss of this constitutional protection has highlighted the need for continued advocacy and legal safeguards to ensure that women's rights are upheld and that access to abortion care is equitable and safe.
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Frequently asked questions
Roe v. Wade is a 1973 lawsuit that led to the Supreme Court making a ruling on abortion rights.
The ruling decriminalized abortion nationwide, protecting the right to access abortion legally and freeing patients to access the care they needed.
Roe v. Wade is a question of constitutionality because it set a precedent that the Constitution protects a person's right to make their own private medical decisions, including the right to have an abortion prior to fetal viability.
In the years following Roe v. Wade, abortion opponents advocated for stricter abortion laws and pressed state and federal lawmakers to enact a wide range of restrictive abortion laws.
