Roe v. Wade

Map of US abortion laws pre-1973

Rose Fosco

George Frampton (cropped)

US Supreme Court Justice Harry Blackmun, detail

October 2021 Women's March in Washington DC 03

Edith Jones in Iraq (cropped)

Roe v. Wade was a landmark decision of the United States Supreme Court that established a woman's legal right to an abortion under the Fourteenth Amendment to the United States Constitution. Decided on January 22, 1973, the Court ruled 7–2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's interests in regulating abortions: protecting women's health and protecting the potentiality of human life. Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the trimester of pregnancy.

The case was brought to the Supreme Court by "Jane Roe," a pseudonym for Norma McCorvey, who challenged the constitutionality of the Texas abortion laws, which prohibited abortion except to save a woman's life. Henry Wade was the District Attorney of Dallas County, Texas, and the defendant in the case.

Background

The background of Roe v. Wade stretches into the history of abortion laws in the United States. Before the 19th century, most states practiced a policy of unregulated abortion before "quickening" (the first felt movements of the fetus, usually between the 16th and 20th weeks of pregnancy). However, by the early 20th century, many states had imposed strict abortion laws, with the movement gaining momentum due to concerns over safety and a push from the American Medical Association to regulate the practice for health reasons.

Decision

The Supreme Court's decision in Roe v. Wade was primarily based on the right to privacy protected by the Due Process Clause of the Fourteenth Amendment. The Court's opinion, delivered by Justice Harry Blackmun, stated that the Texas statute violated Jane Roe's constitutional right to privacy. The Court also set forth the famous "trimester" framework, which allowed for state regulation of abortion to increase over the course of a pregnancy:

- During the first trimester, the government could not prohibit abortions at all. - During the second trimester, the government could require reasonable health regulations. - During the third trimester, after the fetus reaches "viability" (the potential to live outside the mother's womb), the state could regulate or even proscribe abortion, except when necessary to preserve the life or health of the mother.

Impact

The decision in Roe v. Wade had a monumental impact on abortion laws in the United States. It invalidated many state and federal abortion laws, and set off a national debate that continues to this day. The ruling has faced significant criticism and support, leading to numerous challenges and modifications through subsequent Supreme Court cases such as Planned Parenthood v. Casey in 1992, which affirmed the core holding of Roe but replaced the trimester framework with the undue burden standard for assessing state abortion restrictions.

Controversy and Legacy

Roe v. Wade remains one of the most controversial decisions in the Supreme Court's history. It is a central issue in the broader American debate over abortion, reproductive rights, and the role of the state in individual medical decisions. The decision has been criticized by those who argue that the Court overstepped its bounds and created a right not explicitly found in the Constitution. Supporters argue that the decision is an essential protection of women's rights and health.

See Also

• Planned Parenthood v. Casey
• Abortion in the United States
• Fourteenth Amendment to the United States Constitution
• United States Supreme Court