Roe v. Wade (1973) was a U.S. Supreme Court decision that established a woman’s right to terminate a pregnancy before fetal viability. The landmark ruling in this case cemented the constitutional right to abortion under the due process clause of the Fourteenth Amendment.
The Case: Roe v. Wade (1973)
The Roe v. Wade (1973) case involved a Texas woman named Norma McCorvey, who was referred to in the case as Jane Roe. McCorvey wanted to end her pregnancy but was unable to legally do so without facing criminal prosecution. She sued the State of Texas in an effort to overturn the state law banning abortion. The Supreme Court held that the state law was unconstitutional, noting that the right to have an abortion was protected under the due process clause of the Fourteenth Amendment. The Court further held that the state law was overly burdensome and an undue burden on a woman’s right to choose to terminate a pregnancy. The Court balanced the woman’s right to choose against the state’s interest in protecting potential life. As a result, the Court held that a woman had a right to an abortion before fetal viability and that this right was protected by the due process clause of the Fourteenth Amendment.
Modern Impact
The decision in Roe v. Wade (1973) established a worldwide precedent that women have the right to choose whether or not to end a pregnancy. Following the decision, abortion became a fundamental constitutional right in many countries, including the United States. This has granted women autonomy over their bodies and freedom from oppressive state restrictions.
Today, Roe v. Wade (1973) continues to shape the discourse on reproductive rights and abortion. Though the decision was overturned by the Supreme Court in Dobbs v. Jackson Women’s Health Organization (2022), it still serves as a guiding principle for those seeking to protect a woman’s right to choose.