Roe v. Wade

Definition

Roe v. Wade is a landmark 1973 Supreme Court case that established the constitutional right to abortion in the United States. The decision struck down laws in many states that had made abortion illegal, effectively legalizing the procedure nationwide.

5 Must Know Facts For Your Next Test

1. Roe v. Wade was a landmark Supreme Court case that established a constitutional right to abortion in the United States.
2. The decision struck down laws in many states that had made abortion illegal, effectively legalizing the procedure nationwide.
3. The Court based its ruling on the right to privacy, finding that this right, derived from the 14th Amendment's Due Process Clause, encompasses a woman's decision to have an abortion.
4. Roe v. Wade established a trimester framework that gave the state different levels of interest and control over abortion at different stages of pregnancy.
5. The Roe v. Wade decision has had significant and lasting effects on public opinion, the political landscape, and the ongoing debate over women's reproductive rights in the United States.

Review Questions

• Explain how the Roe v. Wade decision relates to the concept of constitutional change.
  • The Roe v. Wade decision represents a significant constitutional change in the United States, as the Supreme Court's ruling effectively legalized abortion nationwide by striking down state laws that had previously made the procedure illegal. This decision expanded the interpretation of the Constitution's protections, specifically the 14th Amendment's Due Process Clause, to include a woman's right to privacy and autonomy over her reproductive choices. Roe v. Wade was a landmark case that fundamentally altered the legal landscape surrounding abortion and women's rights in the U.S., demonstrating how the Supreme Court can facilitate constitutional change through its interpretation of the Constitution.
• Analyze how the Roe v. Wade decision relates to the Supreme Court's role in interpreting the Bill of Rights.
  • The Roe v. Wade decision was based on the Supreme Court's interpretation of the 14th Amendment's Due Process Clause as protecting a fundamental right to privacy, which the Court then applied to a woman's decision to have an abortion. This exemplifies the Supreme Court's role as the ultimate arbiter of the Constitution and the Bill of Rights, with the power to expand the scope of individual rights and liberties through its rulings. The Court's interpretation of the Bill of Rights, and its ability to apply these protections to new contexts, was crucial in establishing abortion as a constitutionally protected right in Roe v. Wade. This case demonstrates how the Supreme Court's role in interpreting the Bill of Rights can lead to significant changes in the legal and social landscape.
• Evaluate the long-term effects of the Roe v. Wade decision on the fight for women's rights and public opinion in the United States.
  • The Roe v. Wade decision has had profound and lasting effects on the fight for women's rights and public opinion in the United States. By establishing a constitutional right to abortion, the ruling empowered women and advanced the broader women's rights movement, giving them greater control over their own bodies and reproductive choices. However, the decision also sparked intense and ongoing political and social debate, with many opposing the Court's interpretation and continuing to challenge abortion rights. This has led to fluctuations in public opinion, with support for abortion rights ebbing and flowing over time. The Roe v. Wade case has therefore been a central battleground in the ongoing struggle for women's equality and autonomy, with its impacts continuing to shape the political and social landscape in the United States.

Related terms

Right to Privacy:

The right to privacy is the basis for the Supreme Court's decision in Roe v. Wade, which found that the Constitution protects a woman's right to have an abortion as part of her right to privacy.

Due Process Clause:

The Due Process Clause of the 14th Amendment was the legal foundation for the Supreme Court's ruling in Roe v. Wade, as the Court found that a woman's right to abortion is part of the broader right to privacy protected by due process.

Trimester Framework: The Roe v. Wade decision established a trimester framework that gave different levels of state interest and control over abortion at different stages of pregnancy, with the state's interest increasing as the pregnancy progresses.