Roe V. Wade: Its Legal Impact And Reach

Roe v. Wade was a landmark 1973 US Supreme Court case that established a framework for legal abortions across the United States. The case recognised the right to abortion as a fundamental liberty right, tied to other rights such as freedom of speech and religion. The ruling held that the right to privacy, as implied in the 14th Amendment, protected abortion as a fundamental right. However, the government could regulate or restrict abortion access depending on the stage of pregnancy. The decision in Roe v. Wade was reversed in 2022, with the Supreme Court ruling that there is no federal constitutional right to abortion.

The right to privacy

The Roe v. Wade case of 1973 established a framework for legal abortions across the United States, but this was reversed in 2022. The case centred around the right to privacy and the following paragraphs will explore this in more detail.

The Roe v. Wade decision held that the Fourteenth Amendment's Due Process Clause protects an individual's right to privacy, including a woman's qualified right to terminate her pregnancy. This right to privacy was balanced against the government's interests in protecting health and prenatal life. The Supreme Court recognised that abortion falls under privacy rights, which are derived from the Due Process Clause of the Fourteenth Amendment. While the clause does not explicitly mention a right to privacy, the Supreme Court has acknowledged this right as far back as 1891.

The Roe v. Wade decision also addressed the different views on when life begins, with the Court concluding that it is not up to the states to make this determination. The Court formulated a timetable based on the notions of trimester and fetal viability, allowing states to regulate or prohibit abortions depending on the stage of pregnancy. During the first trimester, the state could not intervene in a person's decision to have an abortion. In the second trimester, the state could regulate abortion procedures to protect the pregnant person's health, but not prohibit them altogether. After the second trimester, the state's interest in protecting potential human life outweighed the right to privacy, and abortions could be prohibited unless necessary to protect the life or health of the pregnant person.

The Roe v. Wade decision had a significant impact on maternal mortality, with the number of deaths from unsafe abortions drastically decreasing in the years following the ruling. The decision also changed the way states could regulate abortion, characterising it as something covered under constitutional rights of privacy. While the number of abortions performed each year remained relatively stable, the rate of deaths occurring as a result of abortions dropped dramatically.

The Roe v. Wade case has been a highly controversial topic, with supporters arguing that it is vital in preserving women's rights, while opponents argue that it should be left to the states to regulate abortion laws. The decision also set a precedent for other privacy-related cases, including those involving family planning, contraception, and same-sex marriage. The reversal of Roe v. Wade in 2022 has raised concerns about the future of privacy rights in the United States and the potential erosion of other civil rights.

The right to liberty

The Roe v. Wade ruling in 1973 was a landmark decision by the U.S. Supreme Court, which recognised the right to liberty and privacy in the Constitution, encompassing the right to decide whether to continue or terminate a pregnancy. 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 v. Wade decision established a framework to balance the rights of pregnant individuals with the state's interests in protecting potential human life. The Court divided pregnancy into three 12-week trimesters, with varying levels of state regulation:

First Trimester

During the first trimester, the Court ruled that the state could not intervene in an individual's decision to have an abortion, except to require that the procedure be performed by a licensed doctor in medically safe conditions.

Second Trimester

In the second trimester, the state could regulate abortion procedures to protect the health of pregnant individuals but could not prohibit abortions altogether.

Third Trimester

From the third trimester onwards, the state's interest in protecting potential human life outweighs the right to privacy. As a result, the state may prohibit abortions unless an abortion is necessary to protect the life or health of the pregnant individual.

The Roe v. Wade decision affirmed that the right to liberty includes the right to make personal decisions about family, relationships, and bodily autonomy, free from governmental interference. This recognition of reproductive freedom had a significant impact on advancing gender equality in educational, economic, and political spheres.

The right to autonomy

The Roe v. Wade ruling in 1973 was a landmark decision that recognised the right to abortion and placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and freedom of religion. The ruling affirmed that the right to liberty in the Constitution, which protects personal privacy, includes the right to decide whether to continue a pregnancy.

The case of Roe v. Wade centred on the right to privacy and 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 Supreme Court held that the right to privacy includes the right to abortion prior to fetal viability. This right to privacy was deemed to encompass a woman's decision to terminate her pregnancy, with Justice Blackmun describing the right of personal privacy as fundamental.

The Roe v. Wade decision also acknowledged the potential conflict between the rights of the pregnant person and the state's interest in protecting potential human life. To balance these interests, the Court divided pregnancy into three 12-week trimesters:

• During the first trimester, the Court ruled that the state could not intervene in a person's decision to have an abortion, unless it was performed by a licensed doctor in medically safe conditions.
• In the second trimester, the state could regulate abortion procedures to protect the health of the pregnant person but could not prohibit abortions altogether.
• After the second trimester, which was identified as the point of fetal viability, the state could regulate or prohibit abortions to protect fetal viability and the pregnant person's health.

The Roe v. Wade ruling affirmed the right to autonomy in reproductive decision-making, recognising that the decision to continue or terminate a pregnancy belongs to the individual, not the government. This right to autonomy was based on the guarantee of liberty in the Fourteenth Amendment, protecting individuals' privacy and their right to make personal decisions about their bodies and their future.

However, it is important to note that the Roe v. Wade decision did not grant an absolute right to abortion. The Court recognised that the abortion right must be balanced against the government's interests in protecting health and prenatal life. The ruling allowed for state regulation of abortion, particularly in the second and third trimesters, as long as these regulations were evidence-based and consistent with how other similar medical procedures were treated.

The right to equality

Roe v. Wade is a landmark ruling that affirmed the right to abortion as a fundamental aspect of equality. The case centred on the right to liberty and privacy, guaranteed by the Fourteenth Amendment of the US Constitution, and how this applies to a woman's right to choose.

The ruling in Roe v. Wade established that the decision to continue or end a pregnancy is an individual's right, not the government's. This placed reproductive decision-making on equal footing with other fundamental rights, such as freedom of speech and religion, by giving it the highest degree of constitutional protection, known as "strict scrutiny".

The Supreme Court's decision recognised that being forced to continue a pregnancy puts a lot at risk for the pregnant person, including their health, economic situation, and personal autonomy. The Court also emphasised that the right to privacy extends to control over one's body and reproductive choices. This right to privacy was previously recognised in the 1965 case of Griswold v. Connecticut, which struck down a Connecticut law barring contraceptives and information related to them.

The Roe v. Wade ruling held that during the first trimester of pregnancy, the decision to terminate rests solely with the pregnant person, without state intervention. In the second trimester, the state could regulate abortion procedures to protect the health of the pregnant person, but not prohibit them. After the second trimester, when the fetus is considered viable, the state could regulate or prohibit abortions to protect fetal viability and the health of the pregnant person.

The ruling in Roe v. Wade was a significant step towards gender equality, particularly in educational, economic, and political spheres. It ensured that women could make their own decisions about pregnancy and control their reproductive health, which is essential for full participation in social and economic life.

However, it is important to note that even after Roe v. Wade, low-income individuals, people of colour, young people, and others continued to face obstacles in accessing abortion care. Additionally, the ruling did not make abortion a reality for everyone, and there were still challenges in ensuring equal access to abortion services.

The right to life

The Roe v. Wade ruling of 1973 recognised the right to liberty in the Constitution, which protects personal privacy, and 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 ruling recognised the right to abortion, which was consistent with earlier Supreme Court rulings recognising a right of privacy that protects intimate and personal decisions—including those affecting child-rearing, marriage, procreation, and the use of contraception—from governmental interference.

The Court held that the right to privacy included the abortion decision, but that this right was not unqualified, and must be considered against important state interests in regulation. The Court did not agree that the Constitution guarantees an absolute right to an abortion. In other words, the privacy right does not prevent states from putting some regulations on abortion.

The Court created a framework to balance the state's interests with privacy rights. Acknowledging that the rights of pregnant people may conflict with the rights of the state to protect potential human life, the Court defined the rights of each party by dividing pregnancy into three 12-week trimesters:

• During the first trimester, the Court ruled that a state cannot regulate abortion beyond requiring that the procedure be performed by a licensed doctor in medically safe conditions.
• During the second trimester, the Court held that a state may regulate abortion if the regulations are reasonably related to the health of the pregnant person.
• During the third trimester, the state's interest in protecting the potential human life outweighs the right to privacy. As a result, the state may prohibit abortions unless an abortion is necessary to save the life or health of the pregnant person.

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