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Supreme Court Opinions: Roe v. Wade
Roe v Wade was a 1971, 1973 landmark decision by the US Supreme Court. It ruled that a state law that banned abortion was unconstitutional. The 7 to 2 decision had Chief Justice Warren E Burger and six other Justices vote for "Jane Roe" and Justices William Rehnquist and Byron White vote against it.
The decision divided the United States and is still controversial. People became divided into pro-life and pro-choice groups. Pro-life supporters argue that the unborn baby has the same right to life as other people, and the government should intervene to protect it. Pro-choice supporters believe that the unborn baby is not the same as a person, and the woman has the right to choose what she wants to do with her body and that the government should not intervene. Roe was limited by a later decision, Webster v Reproductive Health Services (1989), which allowed the regulation of abortion in some cases. Several states have considered laws banning abortions altogether.
In May 2022, a leaked draft of the Supreme Court's decision to overrule Roe v Wade was published.
Background.
The case began in 1970 in Texas as a challenge against a law banning any kind of abortion unless the mother's life was in danger. A pregnant Texas woman, Norma McCorvey (alias Jane Roe), brought a lawsuit against Henry Wade, Dallas County District Attorney, in a Texas federal court. Claiming to be a single woman and pregnant, McCorvey wanted to terminate her pregnancy. She wanted it to be done safely by a doctor but said that she could not afford to travel outside Texas. She could not get a legal abortion in Texas because her life was not in danger. Her lawsuit claimed that the Texas law violated her right to privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. Roe added she sued "on behalf of herself and all other women" in the same situation.
The case slowly made its way to the US Supreme Court. Meanwhile, McCorvey had her baby and placed it for adoption.
Majority opinion.
In a 7 to 2 decision, the court held that a woman's right to an abortion was protected by her right to privacy under the Fourteenth Amendment. The decision allowed a woman to decide whether or not to have an abortion during the first trimester. That affected the laws of 46 states.
Justice Harry Blackmun wrote the majority opinion. "We... acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires." — Justice Blackmun (1973).
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By Dwight AllenRoe v Wade was a 1971, 1973 landmark decision by the US Supreme Court. It ruled that a state law that banned abortion was unconstitutional. The 7 to 2 decision had Chief Justice Warren E Burger and six other Justices vote for "Jane Roe" and Justices William Rehnquist and Byron White vote against it.
The decision divided the United States and is still controversial. People became divided into pro-life and pro-choice groups. Pro-life supporters argue that the unborn baby has the same right to life as other people, and the government should intervene to protect it. Pro-choice supporters believe that the unborn baby is not the same as a person, and the woman has the right to choose what she wants to do with her body and that the government should not intervene. Roe was limited by a later decision, Webster v Reproductive Health Services (1989), which allowed the regulation of abortion in some cases. Several states have considered laws banning abortions altogether.
In May 2022, a leaked draft of the Supreme Court's decision to overrule Roe v Wade was published.
Background.
The case began in 1970 in Texas as a challenge against a law banning any kind of abortion unless the mother's life was in danger. A pregnant Texas woman, Norma McCorvey (alias Jane Roe), brought a lawsuit against Henry Wade, Dallas County District Attorney, in a Texas federal court. Claiming to be a single woman and pregnant, McCorvey wanted to terminate her pregnancy. She wanted it to be done safely by a doctor but said that she could not afford to travel outside Texas. She could not get a legal abortion in Texas because her life was not in danger. Her lawsuit claimed that the Texas law violated her right to privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. Roe added she sued "on behalf of herself and all other women" in the same situation.
The case slowly made its way to the US Supreme Court. Meanwhile, McCorvey had her baby and placed it for adoption.
Majority opinion.
In a 7 to 2 decision, the court held that a woman's right to an abortion was protected by her right to privacy under the Fourteenth Amendment. The decision allowed a woman to decide whether or not to have an abortion during the first trimester. That affected the laws of 46 states.
Justice Harry Blackmun wrote the majority opinion. "We... acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires." — Justice Blackmun (1973).