The Law's Evolution: Roe V. Wade's Legal Journey

Roe v. Wade was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protected a person's right to have an abortion. The decision was issued on January 22, 1973, and struck down many abortion laws, sparking an ongoing abortion debate in the United States. The case was brought by Norma McCorvey, under the legal pseudonym Jane Roe, who 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 recognized that the right to liberty in the Constitution, which protects personal privacy, includes the right to decide whether to continue a pregnancy.

The Roe v. Wade ruling

In 1973, the U.S. Supreme Court's ruling in Roe v. Wade recognised that the decision to continue or end a pregnancy belonged to the individual, not the government. The ruling held that the guarantee of "liberty" in the Fourteenth Amendment of the U.S. Constitution, which protects individual privacy, includes the right to abortion prior to fetal viability.

The Supreme Court required the state to justify any interference with the right to access abortion by showing that it had a "compelling interest", and held that no interest was compelling enough to ban abortion before viability. After the point of viability, the state could ban abortion or take other steps to promote its interest in protecting the fetus. However, even after this point, abortion had to be permitted to protect a patient's life and health.

The ruling also addressed the different views on when life begins. Many in the Jewish faith, for example, believe that life begins at birth, while the prevailing view in the Catholic faith is that life begins at conception. The Court found that it is not up to the states to decide when life begins and that the "unborn have never been recognised in the law as persons in the whole sense".

• During the first trimester, a state cannot regulate abortion beyond requiring that the procedure be performed by a licensed doctor in medically safe conditions.
• During the second trimester, 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, and the state may prohibit abortions unless an abortion is necessary to save the life or health of the pregnant person.

The impact of Roe v. Wade

Roe v. Wade was a landmark decision by the U.S. Supreme Court in 1973, which ruled that the Constitution protected a person's right to have an abortion. The decision, made on January 22, 1973, held that the right to liberty in the Constitution, protecting personal privacy, includes the right to decide whether to continue a pregnancy.

Legal Precedent

The Roe v. Wade decision set a legal precedent by recognising a constitutional "right to privacy" that protected a pregnant woman's decision to abort a pregnancy. This right to privacy was considered broad enough to encompass a woman's decision to terminate her pregnancy. The ruling placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion, by giving it the highest degree of constitutional protection, known as "strict scrutiny".

Access to Abortion

Roe v. Wade made abortion legal, more accessible, and safer for many pregnant people across the country. Prior to this decision, nearly all states banned abortion, except in certain limited circumstances. The criminal abortion bans in place before Roe v. Wade contributed to the deaths of many people who were unable to access safe and legal abortions.

Political Impact

The Roe v. Wade decision also had a significant impact on the political landscape, reshaping the voting coalitions of the Republican and Democratic parties in the following decades. The decision galvanised anti-abortion politicians and activists, who sought to restrict abortion or overrule the decision. On the other hand, polls showed that a plurality and, at times, a majority of people, especially in the late 2010s and early 2020s, opposed overruling Roe.

Social Impact

The ruling had a profound impact on society, particularly for women. It advanced gender equality in educational, economic, and political spheres by guaranteeing the right to make decisions during pregnancy. However, even with Roe v. Wade in place, low-income people, people of colour, young people, and others continued to face obstacles in accessing abortion care.

Healthcare Impact

The decision also had a significant impact on the healthcare system. It led to a decrease in the risk of death due to legal abortion, with improved physician skills, better medical technology, and earlier termination of pregnancies.

State-Level Impact

Following the Roe v. Wade decision, states were no longer able to impose undue restrictions on abortion access, as these were now considered unconstitutional. However, some states continued to pass laws attempting to regulate abortion, such as laws requiring parental consent, spousal consent, or notification, and laws mandating waiting periods or specific literature to be read before undergoing an abortion.

International Influence

The Roe v. Wade decision also had international influence, with the Supreme Court of Canada using the ruling as grounds to find Canada's federal law limiting abortions to certified hospitals unconstitutional in 1988.

The 2022 overturning of Roe v. Wade

In June 2022, the U.S. Supreme Court overturned Roe v. Wade, ruling that there is no federal constitutional right to abortion. The decision abandoned nearly 50 years of precedent and marked the first time in history that the Supreme Court has taken away a fundamental right.

The 1973 Roe v. Wade ruling recognised that the decision to continue or end a pregnancy belongs to the individual, not the government. It held that the guarantee of "liberty" in the Fourteenth Amendment of the U.S. Constitution, which protects individual privacy, includes the right to abortion prior to fetal viability.

In the 2022 Dobbs v. Jackson Women's Health Organization case, the Supreme Court ruled that the substantive right to abortion was not "deeply rooted in this Nation's history or tradition", nor considered a right when the Due Process Clause was ratified in 1868.

Since the overturning of Roe v. Wade, more than a dozen states have banned abortion outright, forcing people to travel long distances to access abortion care or to carry pregnancies against their will.

The Roe v. Wade Ruling, 1973

The 1973 Roe v. Wade ruling recognised the right to liberty in the Constitution, which protects personal privacy, and includes the right to decide whether to continue a pregnancy. The ruling placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and freedom of religion, by conferring the highest degree of constitutional protection, known as "strict scrutiny".

The Supreme Court required the state to justify any interference with the right to access abortion by showing that it had a "compelling interest". It held that no interest was compelling enough to ban abortion before viability. After the point of viability, the state could ban abortion or take other steps to promote its interest in protecting the fetus. However, even after this point, abortion had to be permitted to protect a patient's life and health.

The Impact of Roe v. Wade

Roe v. Wade was a landmark decision that made abortion legal, more accessible, and safer for many pregnant people throughout the country. While Roe's legal implications were enormous, it could not ensure access for everyone, and low-income people, people of colour, young people, and others continued to face obstacles to abortion care.

The decision also had a significant impact on the political landscape, radically reconfiguring 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.

The Overturning of Roe v. Wade

The overturning of Roe v. Wade in 2022 has had far-reaching consequences, with a significant impact on the lives of many people across the United States. The decision has been met with both support and opposition, and it remains a highly divisive issue in American society and politics.

The legal and political aftermath of Roe v. Wade

The Roe v. Wade ruling in 1973 was a landmark decision by the U.S. Supreme Court, recognising the right to abortion as protected by the Constitution. The decision sparked an ongoing abortion debate in the United States, with strong opposition and support. The ruling also shaped legal discussions on the methods the Supreme Court should use in constitutional adjudication.

The Immediate Aftermath

The Roe v. Wade decision was among the most controversial in U.S. history, with strong criticism from the legal community. Some critics thought the ruling was a form of judicial activism, while others argued it did not go far enough as it was placed within the framework of civil rights rather than broader human rights. The decision also had a significant impact on the voting coalitions of the Republican and Democratic parties in the following decades.

Political Responses

The Roe v. Wade decision also sparked responses from various political and religious groups. The National Association for the Repeal of Abortion Laws, later the National Abortion Rights Action League, and the National Right to Life Committee were among the prominent groups that responded to the ruling. The Catholic Church, led by John Cardinal Krol and Terence Cardinal Cooke, also condemned the ruling.

Legal Challenges and Amendments

The Roe v. Wade decision was challenged and narrowed several times but not overturned until 2022. In 1992, the Supreme Court established that restrictions on abortion are unconstitutional if they place an "undue burden" on a person seeking an abortion before the fetus is viable. This replaced the strict scrutiny standard from the original Roe v. Wade ruling with an undue burden test.

In 2007, the Court upheld the federal Partial-Birth Abortion Ban Act, and in 2016, it struck down provisions of a Texas law requiring abortion clinics to meet certain standards and doctors performing abortions to have admitting privileges.

Overturning Roe v. Wade

In 2022, the Supreme Court overturned Roe v. Wade in the Dobbs v. Jackson Women's Health Organization case, ruling that there is no constitutional right to abortion. This decision abandoned nearly 50 years of precedent and marked the first time the Supreme Court had taken away a fundamental right. As a result, more than a dozen states banned abortion outright, forcing people to travel long distances to access abortion care or carry unwanted pregnancies.

The Roe v. Wade ruling in 1973 had a significant and lasting impact on the legal and political landscape in the United States. The decision sparked ongoing debates, shaped legal discussions, and led to numerous challenges and amendments. The eventual overturning of Roe v. Wade in 2022 had far-reaching consequences, with states banning abortion and restricting access for many people.

The future of abortion rights in the US

On June 24, 2022, the US Supreme Court overturned Roe v. Wade, eliminating the federal constitutional standard that protected the right to abortion. The landmark 1973 ruling had recognised that the decision to continue or end a pregnancy belonged to the individual, not the government.

Since the overturning of Roe v. Wade, more than a dozen states have banned abortion outright, forcing people to travel hundreds or thousands of miles to access abortion care or to carry pregnancies against their will, in grave violation of their human rights.

While some states are voting to extend and protect access to abortion, the future of reproductive rights in the US is unclear.

The impact of the overturning of Roe v. Wade

The overturning of Roe v. Wade means that, without any federal standard regarding abortion access, states will set their own policies to ban or protect abortion.

The impact on people seeking abortions

In places where abortion is criminalised, restricted, or stigmatised, people are forced to resort to unsafe abortions. It is estimated that 25 million unsafe abortions take place every year, the vast majority of them in developing countries, and can lead to fatal consequences such as maternal deaths and disabilities.

The impact on state abortion policies

The overturning of Roe v. Wade has led to abortion bans being enacted in multiple states, with millions of people in the US losing access to local clinics.

However, some states are voting to extend and protect access to abortion. For example, seven states are set to implement laws supporting abortion access, and voters in Missouri, a state that has long restricted access, have voted to overturn its ban.

The impact of a second Trump term

It is hard to predict how reproductive rights will fare over the course of a second Trump term. Trump himself has been inconsistent on the issue. During his first term, he installed members of the Supreme Court who helped overturn Roe v. Wade. During his most recent campaign, he said that decisions on reproductive rights should be left to individual states.

The impact on tech giants

Tech giants such as Meta and TikTok are removing information about abortion, preventing people from accessing life-saving information.

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