Roe v. Wade

Background:

Prior to Roe v. Wade, abortion laws were determined and controlled almost entirely by individual states. By the late 1800s most states had banned abortion, with the exception of saving the mother’s life. This was largely influenced by religious beliefs, concerns about morality, and the growing shift towards doctors over midwives. In the 1960s and early 1970s, American society was undergoing many changes, such as the women's rights movement and wider availability of birth control. Some states such as California and New York began to loosen abortion restrictions, legalizing it in an increased number of situations. Despite this, some states maintained strict bans. Texas, for example, only allowed abortion if the mother’s life was in danger, and violating this law could lead to criminal charges for doctors. In May 1970, a woman named Norma McCorvey, or as many know her “Jane Roe” wanted to terminate her pregnancy, but could not legally do this under Texas law. The name “Jane Roe" was a fictional name used to maintain confidentiality and protect the plaintiff’s identity in court documents.

The Case:

The defendant, Henry Wade, was the Dallas County district attorney responsible for enforcing the abortion law Jane Roe was fighting against. Representing the plaintiff, her two attorneys Sara Weddington and Linda Coffee argued that Texas law violated constitutional rights. By the time the case reached the Supreme Court, Norma McCorvey had already given birth, however the Court still heard the case. The case applied the legal issue: capable of repetition, yet evading review. This idea allows courts to hear a case that would normally be dismissed, as the underlying issue resolved itself before it could be litigated. In this case, given that pregnancy is  temporary, no abortion case could realistically be heard before the pregnancy itself had ended. This case brought up not just the debate of the individual case, but also the general moral issue it represented. With this, the Constitution never explicitly mentions abortion, so the Court had to interpret broader constitutional principles.

Debates From Each Side:

Roe argued abortion access fell under a constitutional right to privacy. This idea came from earlier Supreme Court decisions involving marriage and contraception, such as the precedent case of Griswold v. Connecticut. The argument relied heavily on the 14th Amendment’s Due Process Clause, the ideas of personal liberty, and protection from excessive government interference in personal life. Wade, arguing the side of Texas claimed, states had the right to protect unborn life, abortion was not specifically protected by the Constitution, and states should be able to regulate medical procedures. The case more generally debated whether the Court should recognize rights not directly written in the Constitution or not.

Verdict:

On January 22, 1973, the Supreme Court ruled 7-2 in favor of Roe. The majority opinion was written by Harry Blackmun. It was decided the constitutional right to privacy was broad enough to include abortion decisions. This ruling solidified the idea that women have a protected liberty interest under the 14th Amendment. However, this right was not unlimited, as the Court created the trimester framework, breaking down abortion rights on a more detailed scale. This stated: In the first trimester, the government could not ban or heavily restrict abortion. In the second trimester states could regulate abortion in ways related to maternal health. Lastly, in the third trimester, once the fetus became able to survive outside of the womb, states could ban abortion except when necessary to protect the mother’s life or health. This framework attempted to balance women’s constitutional rights, state interests in protecting health, as well as state interests in potential life.

Legacy:

This became a landmark case within the American legal system, changing the lives of many women in the future. The framework created, aimed to protect the autonomy of women, and give them a voice in regards to their own health and bodies, while simultaneously protecting potential lives and state interest. Following this, many debates sparked, some criticisms stating the 14th Amendment was never intended to protect abortion, and the Court was overstepping its authority. Supporters argued reproductive choice is tied to liberty and equality, and the government should not control such personal medical decisions. Throughout the following decades after this case, the debate continued, becoming one of the most divisive issues in American politics. This case transformed American politics, and continues to even today. More recently, in the landmark Dobbs v. Jackson Women’s Health Organization, the Supreme Court officially overturned Roe v. Wade on June 24, 2022 in a 6-3 decision. This eliminated the almost 50 year old constitutional right to an abortion, returning the authority to regulate or ban the procedure entirely to individual states. This case continues to be debated in present times, arguing not only the case but also the moral issue behind it. Due to this, it remains an extremely influential case in American politics and law today.