Roe V. Wade: Overturning The Abortion Laws In America

Roe v. Wade was a landmark decision by the U.S. Supreme Court in 1973 that ruled the Constitution of the United States generally protected a right to have an abortion. The decision struck down many abortion laws and caused an ongoing abortion debate in the United States. The case was brought by Norma McCorvey, who, in 1969, became pregnant with her third child. McCorvey wanted an abortion but lived in Texas, where abortion was illegal except when necessary to save the mother's life. The Supreme Court's decision in Roe v. Wade on January 22, 1973, decriminalized abortion nationwide. It protected the right to access abortion legally across the country and freed many patients to access the care they needed. The Supreme Court overruled Roe in 2022, ending the federal constitutional right to abortion in the United States.

The Supreme Court's decision in Roe v. Wade was among the most controversial in U.S. history

The decision was not without its critics, however. Some legal scholars and commentators took issue with the Court's reasoning, arguing that it was an example of judicial activism and that the right to abortion should have been derived from human rights rather than civil rights. Others felt that the decision did not go far enough. The ruling also reshaped the political landscape, radically reconfiguring the voting coalitions of the Republican and Democratic parties in subsequent decades.

The Roe v. Wade decision sparked a national debate about abortion, with anti-abortion politicians and activists seeking for decades to restrict abortion or overrule the decision. Despite this opposition, the Supreme Court reaffirmed Roe's central holding in its 1992 decision, Planned Parenthood v. Casey. However, the makeup of the Supreme Court changed between 2016 and 2020, with the appointment of three new justices who were hostile to reproductive rights.

On June 24, 2022, the Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, ending the federal constitutional right to abortion in the United States. This decision was highly controversial and sparked protests across the country. The overruling of Roe v. Wade has had a significant impact, with one in three women now living in states where abortion is not accessible, and it remains a highly divisive issue in U.S. politics.

Roe v. Wade was a landmark decision of the U.S. Supreme Court

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 illegal except when necessary to save the mother's life. Her lawyers filed a lawsuit on her behalf in U.S. federal court against her local district attorney, Henry Wade, alleging that Texas's abortion laws were unconstitutional.

The Supreme Court ruled in a 7-2 decision in McCorvey's favour, holding that the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a fundamental "right to privacy", which protects a pregnant woman's right to an abortion. The ruling also held that the right to abortion is not absolute and must be balanced against the government's interests in protecting women's health and prenatal life.

The decision shaped the debate concerning which methods the Supreme Court should use in constitutional adjudication and radically reconfigured the voting coalitions of the Republican and Democratic parties in the following decades. Anti-abortion politicians and activists sought for decades to restrict abortion or overrule the decision.

On June 24, 2022, the Supreme Court overruled Roe in Dobbs v. Jackson Women's Health Organization, ending the federal constitutional right to abortion in the United States.

Roe v. Wade was overturned by the Supreme Court in 2022

On June 24, 2022, the U.S. Supreme Court ruled in Dobbs v. Jackson Women's Health Organization to overturn Roe v. Wade, the 1973 landmark decision that had legalised abortion in the United States. The ruling ended the federal constitutional right to abortion, allowing individual states to set their own abortion policies.

Roe v. Wade was a case brought by Norma McCorvey (under the legal pseudonym "Jane Roe") who, in 1969, became pregnant with her third child and wanted an abortion but lived in Texas, where abortion was illegal except to save the mother's life. Her lawyers filed a lawsuit on her behalf in a U.S. federal court against the local district attorney, Henry Wade, alleging that Texas's abortion laws were unconstitutional.

In January 1973, the Supreme Court issued a 7-2 decision in McCorvey's favour, holding that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a fundamental "right to privacy", which protects a pregnant woman's right to an abortion. The Court also held that the right to abortion is not absolute and must be balanced against the government's interests in protecting women's health and prenatal life. It resolved these competing interests by announcing a pregnancy trimester timetable to govern all abortion regulations in the United States.

Roe v. Wade was controversial and was criticised by some in the legal community, including those who thought that it did not go far enough as it was placed within the framework of civil rights rather than human rights. Anti-abortion politicians and activists sought for decades to restrict abortion or overrule the decision.

In June 2022, the Supreme Court overruled Roe and Casey in Dobbs v. Jackson Women's Health Organization on the grounds that the substantive right to abortion was not "deeply rooted in this Nation's history or tradition". As a result of the ruling, abortion bans that have taken effect since June 2022 have inflicted harm on Black, Latino, Indigenous, and other communities of colour, where systemic racism has long blocked access to opportunity and healthcare.

Roe v. Wade recognised the right to liberty in the Constitution, which protects personal privacy

The Supreme Court ruled that the Constitution's guarantees of liberty covered a right to privacy that protected a pregnant woman's decision to abort a pregnancy. This right to privacy was derived from the Due Process Clause of the Fourteenth Amendment, which states that the government cannot deprive any person of "life, liberty, or property, without due process of law".

The Court's decision effectively stopped the enforcement of many state laws that banned abortion before 24 weeks. The ruling also meant that the government's interests in protecting health and prenatal life had to be balanced with a person's right to privacy. This balance was achieved through a trimester framework, which allowed states to regulate abortion procedures to protect the health of pregnant people, but not prohibit them altogether.

The Roe v. Wade decision was controversial and was criticised by some in the legal community, who felt that it was an example of "judicial activism", with judges basing their decision on personal views rather than existing law. Despite this, the Supreme Court reaffirmed Roe's central holding in its 1992 decision, Planned Parenthood v. Casey.

However, in 2022, the Supreme Court overruled Roe and Casey in Dobbs v. Jackson Women's Health Organization, ending the constitutional right to abortion. This decision sparked protests and concerns about the future of privacy in America, as well as the impact on reproductive rights and health.

The ruling in Roe v. Wade was consistent with earlier Supreme Court rulings

The 1973 Roe v. Wade ruling recognised that the right to liberty in the Constitution, which protects personal privacy, includes the right to decide whether to continue a pregnancy. The Supreme Court held that the right to privacy was broad enough to encompass a woman's decision whether or not to terminate her pregnancy.

The Roe v. Wade ruling was also consistent with the Supreme Court's earlier recognition of a right of privacy in Meyer v. Nebraska, Pierce v. Society of Sisters, and Griswold v. Connecticut.

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