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Roe v. Wade

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Roe v. Wade was a landmark decision by the United States Supreme Court in 1973. This ruling changed how abortion laws functioned across the entire country. An abortion is a medical procedure used to end a pregnancy. The Court decided that the U.S. Constitution protected a pregnant woman's right to choose this procedure. This decision struck down many existing state laws that had restricted or banned abortion. It remains one of the most controversial and debated legal cases in American history.

Map of US abortion laws pre-1973
Map of US abortion laws pre-1973

The legal battle began because of a woman named Norma McCorvey. In 1969, McCorvey became pregnant with her third child while living in Texas. At that time, Texas law only allowed abortions if they were necessary to save the mother's life. McCorvey wanted an abortion, so she sought legal help. Her lawyers, Sarah Weddington and Linda Coffee, filed a lawsuit on her behalf. They used the name "Jane Roe" to protect her identity. They sued Henry Wade, the local district attorney for Dallas, in federal court.

Rose Fosco
Rose Fosco

In January 1973, the Supreme Court issued its final decision. The Court ruled 7–2 in favor of McCorvey. Justice Harry Blackmun wrote the majority opinion for the Court. The justices focused on the Due Process Clause of the Fourteenth Amendment. They argued this clause provides a fundamental "right to privacy." This right was interpreted to include a woman's decision to have an abortion. However, the Court also stated this right was not absolute.

US Supreme Court Justice Harry Blackmun, detail
US Supreme Court Justice Harry Blackmun, detail

To balance competing interests, the Court created a specific regulatory framework. They had to weigh a woman's health against the government's interest in protecting prenatal life. The Court resolved this by using a trimester timetable. A trimester is a period of three months during pregnancy. Under this system, abortion regulations would change depending on how far the pregnancy had progressed. The Court also classified the right to abortion as "fundamental." This meant courts had to use "strict scrutiny" to review any laws challenging it. Strict scrutiny is the most intense level of judicial review used in the United States.

The history of abortion laws in America shows many shifts over time. In the 19th century, many states used a "quickening" distinction. Quickening is the moment a person can feel the fetus move in the womb. Before quickening, many abortions were legal in many states. By 1868, 27 out of 37 states had laws against abortion. By 1900, every state in the Union had passed anti-abortion laws. In the 1960s and early 1970s, some states like California and New York had much looser laws.

Burger Court in 1976
Burger Court in 1976

Roe v. Wade had a massive impact on American politics and society. The decision radically changed how people voted in both Republican and Democratic parties. It created new voting coalitions that lasted for decades. Some legal experts criticized the ruling as "judicial activism," meaning they thought the Court was making policy rather than interpreting law. Others felt the decision was too narrow because it focused on civil rights instead of human rights. For many years, various political groups and activists worked to either protect or restrict abortion access.

Supreme Court US 2010
Supreme Court US 2010

Legal challenges to the Roe decision continued for nearly fifty years. In 1992, the case Planned Parenthood v. Casey reaffirmed the central holding of Roe. However, the Casey decision replaced the trimester framework with an "undue burden" test. This test looked at whether a law created a significant obstacle for a woman. The legal landscape changed again in 2022. In the case Dobbs v. Jackson Women's Health Organization, the Supreme Court overruled Roe v. Wade. This ended the federal constitutional right to an abortion that had existed since 1973.

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🖼️ Images & Media (13)
File:Map of US abortion laws pre-1973.svg
Map of US abortion laws pre-1973.svg
File:Rose Fosco.png
Rose Fosco.png
File:George Frampton (cropped).jpg
George Frampton (cropped).jpg
File:US Supreme Court Justice Harry Blackmun, detail.jpg
US Supreme Court Justice Harry Blackmun,...
File:October 2021 Women's March in Washington DC 03.jpg
October 2021 Women's March in Washington DC 03.jpg
File:Edith Jones in Iraq (cropped).jpg
Edith Jones in Iraq (cropped).jpg
File:Thurgood Marshall Rodriguez diagram.svg
Thurgood Marshall Rodriguez diagram.svg
File:Bundesarchiv B 145 Bild-F044193-0031, Bundesverfassungsgericht, Verhandlung I. Senat.jpg
Bundesarchiv B 145 Bild-F044193-0031,...
File:Burger Court in 1976.jpg
Burger Court in 1976.jpg
File:Rehnquist Court 1991-1993.jpg
Rehnquist Court 1991-1993.jpg
File:Rehnquist Court in 1994.jpg
Rehnquist Court in 1994.jpg
File:David M. Lawson.JPG
David M. Lawson.JPG

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