Roe v. Wade (1973)

Definition

Roe v. Wade was a landmark Supreme Court case that established a woman's legal right to have an abortion under the constitutional right to privacy. The decision effectively invalidated many state laws that restricted access to abortion, marking a significant moment in the ongoing debate over reproductive rights and the interpretation of the Constitution's amendments related to individual liberties.

5 Must Know Facts For Your Next Test

1. The case was brought by 'Jane Roe,' a pseudonym for Norma McCorvey, who sought to have an abortion in Texas where it was illegal except to save the mother's life.
2. In a 7-2 decision, the Supreme Court ruled that the right to privacy, found in the due process clause of the 14th Amendment, extends to a woman's decision to have an abortion.
3. The ruling established a trimester framework that determined states' interests in regulating abortion at different stages of pregnancy.
4. Roe v. Wade has been the subject of intense political and social debate, leading to numerous attempts to overturn or modify its provisions through legislation and court challenges.
5. In recent years, several states have passed laws challenging Roe v. Wade, leading to renewed discussions about its future and implications for reproductive rights.

Review Questions

• How did Roe v. Wade utilize the 14th Amendment in its ruling about abortion rights?
  • Roe v. Wade relied heavily on the interpretation of the 14th Amendment's due process clause, which protects an individual's right to privacy. The Supreme Court determined that this right encompasses a woman's decision to terminate her pregnancy. This connection between abortion rights and privacy under the 14th Amendment was foundational in establishing legal protections for women's reproductive choices.
• Discuss how Roe v. Wade influenced subsequent Supreme Court cases regarding reproductive rights.
  • Roe v. Wade set a significant precedent in American law by affirming women's rights regarding abortion. Subsequent cases, like Planned Parenthood v. Casey, referenced this landmark ruling while also allowing states more authority in regulating abortions, as long as they do not create an 'undue burden.' This evolution shows how Roe v. Wade has remained central in shaping legal standards for reproductive rights and state interests over time.
• Evaluate the long-term societal implications of Roe v. Wade on American political discourse surrounding reproductive rights.
  • Roe v. Wade has had profound long-term effects on American society, particularly in shaping political discourse around reproductive rights. The ruling has sparked ongoing debates between pro-choice advocates and pro-life supporters, influencing elections and legislative agendas. This polarization has made abortion a critical issue in American politics, often affecting judicial appointments and party platforms as various groups seek to uphold or overturn the precedents set by Roe v. Wade.

Related terms

14th Amendment:

An amendment to the United States Constitution that, among other things, provides for equal protection under the law and has been interpreted to include the right to privacy.

Planned Parenthood v. Casey: A 1992 Supreme Court case that upheld the core holding of Roe v. Wade but allowed states to impose certain restrictions on abortions, as long as they did not place an 'undue burden' on women seeking them.

Pro-choice: A movement advocating for women's rights to make decisions about their own reproductive health, including the choice to have an abortion.