Presidential Legacy: Roe V. Wade Law Enacted

Roe v. Wade was a landmark 1973 decision by the U.S. Supreme Court that ruled a woman's constitutional right to choose was protected by the 14th Amendment. The case was brought by Norma McCorvey, who wanted an abortion but lived in Texas, where it was illegal. The Supreme Court ruled that the Constitution protected a right to have an abortion, sparking an ongoing abortion debate in the United States. The decision was overturned in 2022, with the Supreme Court ruling there was no longer a federal constitutional right to an abortion.

The Supreme Court's decision

On January 22, 1973, the Supreme Court issued a landmark 7-2 decision in Roe v. Wade, protecting a woman's constitutional right to choose. The case reaffirmed basic principles of equality, reinforced the fundamental right to privacy, and resolved that women in the United States could control their own destinies, making deeply personal decisions free from political interference.

The Court's decision in Roe v. Wade was based on two important determinations:

• The United States Constitution provides a fundamental "right to privacy" that protects a person's right to choose whether to have an abortion.
• The abortion right is not absolute and must be balanced against the government's interests in protecting health and prenatal life.

The Court recognised that abortion falls under privacy rights, deriving the constitutional right to privacy from the Due Process Clause of the Fourteenth Amendment. While the Due Process Clause does not explicitly state that Americans have a right to privacy, the Supreme Court has recognised such a right as far back as 1891. In Roe v. Wade, the Court decided that this right to privacy extends to control over pregnancy.

The justices acknowledged that being forced to continue a pregnancy puts a lot at risk, including the distress of an unwanted child, psychological harm, and the physical and mental health of the mother.

The Court was sceptical of the state's argument that Constitutional protections begin at conception, noting that the Constitution does not provide a definition of a "person". Instead, it covers those who are "born or naturalized" in the United States. After examining other cases relating to unborn children, the Court concluded that "the unborn have never been recognised in the law as persons in the whole sense."

The Roe v. Wade decision also addressed the different views on when life begins. Many in the Jewish faith believe that life begins at birth, while the prevailing view in the Catholic faith is that life begins at conception. Doctors' views vary but tend to lean towards the belief that life begins sometime before birth. However, the Court found that it is not up to the states to decide when life begins:

> "[W]e do not agree that, by adopting one theory of life, Texas may override the rights of the pregnant woman that are at stake."

The Court created a framework to balance the state's interests with privacy rights, dividing pregnancy into three 12-week trimesters:

• During the first trimester, the Court held 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 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 potential human life outweighs the right to privacy, and the state may prohibit abortions unless necessary to save the life or health of the pregnant person.

The Roe v. Wade decision effectively legalised abortion across the United States, characterising abortion as something covered under constitutional rights to privacy. However, it is important to note that Roe did not have a significant impact on the number of abortions performed each year. According to the Guttmacher Institute, there were over one million illegal abortions performed annually in the years before Roe, and that number remained consistent after the ruling.

While Roe v. Wade established the legal status of abortion, the issue remains a highly debated topic in American politics. Some view the Court's decision as "judicial activism", suggesting that the judges based their decision on personal views rather than existing law. In contrast, supporters of Roe argue that it is vital for preserving women's rights.

The right to privacy

On January 22, 1973, the US Supreme Court issued a landmark ruling in Roe v. Wade, recognising an individual's right to privacy and their right to choose whether to continue or end a pregnancy. The ruling stated that the right to privacy was protected by the Fourteenth Amendment's concept of personal liberty and restrictions upon state action.

The Roe v. Wade decision was based on the idea that the government should not interfere in personal and intimate decisions, including those affecting child-rearing, marriage, procreation, and the use of contraception. The Court held that the right to privacy was not absolute and must be balanced against other government interests, such as protecting maternal health and prenatal life.

The decision in Roe v. Wade had far-reaching implications, striking down many abortion laws and sparking ongoing debates about the legality and extent of abortion rights, as well as the role of moral and religious views in politics. It also set a precedent for other privacy-related cases and shaped the way in which the Supreme Court approaches constitutional adjudication.

The overturning of Roe v. Wade has also raised concerns about the future of privacy in America and the potential erosion of other civil rights. The decision has led to debates about the interpretation of privacy and the role of the government in protecting personal information, especially in the absence of a comprehensive federal data privacy law.

The right to choose

The landmark Roe v. Wade ruling of 1973 was a pivotal moment in the history of reproductive rights in the United States. The case centred on a legal challenge brought by Norma McCorvey (under the pseudonym "Jane Roe"), a pregnant woman from Texas who sought to terminate her pregnancy. At the time, abortion was illegal in Texas unless it was necessary to save the mother's life.

The case, argued by lawyers Sarah Weddington and Linda Coffee, was a pivotal test of whether the US Constitution protected a woman's right to choose to have an abortion. The Supreme Court's eventual ruling, issued on January 22, 1973, was clear: the Constitution did indeed protect this right as part of a fundamental "right to privacy".

The Court's decision was not an absolute endorsement of abortion. It held that this right must be balanced against the government's interests in protecting health and prenatal life. To achieve this balance, the Court divided pregnancy into three trimesters, with different regulations for each:

• First trimester: The state cannot regulate abortion beyond requiring that the procedure is performed by a licensed doctor in medically safe conditions.
• Second trimester: The state may regulate abortion if the regulations are reasonably related to the health of the pregnant person.
• Third trimester: The state's interest in protecting prenatal life outweighs the right to privacy, and the state may prohibit abortions unless necessary to protect the life or health of the pregnant person.

The Roe v. Wade ruling was a significant moment in the history of women's rights in the US, and it remains a highly influential and controversial decision. While it did not explicitly legalise abortion across the US (some states had already legalised it), it established a framework for legal abortions and affirmed a woman's constitutional right to choose.

However, this right was not secure forever. In 2022, the Supreme Court overturned Roe v. Wade, holding that there was no longer a federal constitutional right to an abortion. This decision has had a profound impact on reproductive rights and access to abortion services across the country, with several states tightening restrictions or outlawing abortion altogether.

The trimester framework

During the second trimester, the state could regulate abortions in the interests of the mother's health. However, they could not outlaw abortions during this period.

After the second trimester, the fetus became viable, and the state had more power to regulate or outlaw abortions. The state could intervene in the interest of protecting the potential life of the fetus, except when necessary to preserve the life or health of the mother.

The impact of Roe v. Wade

The 1973 Roe v. Wade ruling by the US Supreme Court was a landmark decision that had a profound and lasting impact on abortion rights and reproductive health in the United States. The ruling established a constitutional right to privacy, protecting a woman's decision to have an abortion. This decision had far-reaching consequences and shaped the ongoing abortion debate in the country. Here are some key impacts of the Roe v. Wade ruling:

• Protection of Women's Rights and Reproductive Freedom: Roe v. Wade affirmed the fundamental right to privacy and guaranteed women's constitutional right to choose whether to have an abortion without excessive government restriction. This decision gave women control over their bodies and reproductive choices, free from political interference.
• Striking Down Abortion Laws: The ruling struck down many state abortion laws that restricted abortion access. It sparked a nationwide discussion about the legality of abortion, the role of moral and religious views, and the appropriate methods for constitutional adjudication by the Supreme Court.
• Impact on State Laws and Politics: Roe v. Wade led to a polarisation of political views on abortion, with anti-abortion activists and politicians seeking to restrict abortion or overrule the decision. It also influenced the voting coalitions of the Republican and Democratic parties in subsequent decades.
• Access to Safe and Legal Abortion: The decision resulted in increased access to safe and legal abortion services for women across the country, particularly in states that previously had restrictive abortion laws.
• Impact on Women's Health and Wellbeing: Roe v. Wade improved women's reproductive health and wellbeing by ensuring their right to make decisions about their bodies and pregnancies. It allowed women to seek abortion services without endangering their health or lives.
• Impact on Social and Economic Factors: The legalisation of abortion increased the labour force participation of fertile-aged women. It also had socio-economic impacts, as women could make choices about motherhood, education, employment, and family planning.
• International Influence: The Roe v. Wade decision had global repercussions, influencing abortion rights and reproductive health policies in other countries. It sparked discussions about reproductive justice and the intersection of politics and reproductive health on an international scale.
• Continued Controversy and Overturning: The ruling remained controversial, with critics arguing about the legal rationale and its placement within civil rights rather than human rights. In 2022, the Supreme Court overturned Roe v. Wade, revoking the constitutional right to abortion and allowing states to independently decide on abortion laws. This reversal had significant impacts on women's access to abortion care and their reproductive rights.

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