Author: Supriya, KIIT University
Introduction
Roe v. Wade is one of the most famous and debated Supreme Court decisions in U.S. history. In 1973, the ruling made abortion legal across the country, changing the way laws about reproductive rights were handled in the U.S. The case deeply affected politics, law and society, creating a strong division between people who support a woman’s right to choose abortion and those who believe in protecting the rights of the unborn. The decision led to many debates, legal fights and political movements, and was eventually overturned in 2022 by the case Dobbs v. Jackson Women’s Health Organization. This article explains the history of Roe v. Wade, its legal arguments, social effects and the lasting influence it has had on the U.S.
Historical background of abortion law
Before understanding Roe v. Wade, it’s important to know how abortion was viewed and regulated in the U.S. before the decision. In early colonial America, abortion was generally legal until “quickening,” which is when a woman could feel the fetus move, around the fourth or fifth month of pregnancy. However, in the 19th century, opinions on abortion started to change. This shift was influenced by doctors, religious groups and the idea that unborn babies had rights.
By the early 1900s, most states had passed strict laws either limiting or completely banning abortion. These laws were based on concerns about morality, protecting unborn life and the risks involved in medical procedures at the time. These restrictions also reflected societal beliefs about women’s roles and their control over their bodies. In the years before Roe v. Wade, the women’s rights movement began to argue for reproductive freedom, saying that these laws violated a woman’s right to make choices about her own body.
The Facts of Roe v. Wade
Roe v. Wade began with a lawsuit filed by a woman using the assumed name “Jane Roe” to protect her identity. Her real name was Norma McCorvey, and she was a Texas woman who wanted to challenge the state’s strict abortion laws. At the time, Texas law only allowed abortion if the mother’s life was in danger. Roe wanted to end her pregnancy but couldn’t do so legally because of these restrictions.
Her attorneys, Sarah Weddington and Linda Coffee, took her case to court. They filed a lawsuit against Henry Wade, who was the district attorney of Dallas County, Texas. They argued that the Texas abortion laws were unconstitutional because they violated a woman’s right to privacy. The case eventually reached the U.S. Supreme Court, where the central question was whether the right to privacy, which is implied by several amendments to the U.S. Constitution, included a woman’s choice to have an abortion.
The Constitutional Argument: Right to Privacy
The main legal issue in Roe v. Wade was whether the U.S. Constitution protected a woman’s right to choose an abortion. Roe’s lawyers argued that the Texas law violated her right to privacy. Although the right to privacy is not specifically mentioned in the Constitution, the Supreme Court had recognized it as a fundamental right in earlier cases. For example, in Griswold v. Connecticut (1965), the Court ruled that married couples had a right to privacy when it came to using contraception.
In Roe v. Wade, the Supreme Court decided in a 7-2 ruling that the right to privacy, protected by the due process clause of the fourteenth amendment, included a woman’s decision to have an abortion. Justice Harry Blackmun, who wrote the majority opinion, explained that while the right to privacy is not unlimited, it is “broad enough to include a woman’s decision whether or not to terminate her pregnancy.
The Trimester Framework
One of the key outcomes of the Roe v. Wade decision was the creation of the trimester framework for regulating abortions. This framework aimed to balance a woman’s right to choose with the state’s interest in protecting both potential life and the health of the mother. The Court divided pregnancy into three stages or trimesters and allowed different levels of state regulation at each stage:
- First Trimester: During the first three months of pregnancy, the Court ruled that a woman’s right to choose an abortion was strongest. The state had no compelling interest that was strong enough to interfere with this right. This meant that states could not impose any restrictions on abortions during this period.
- Second Trimester: In the second trimester (around 12 to 24 weeks), the Court said that states could regulate abortion procedures, but only in ways that were related to protecting the health of the mother. While states could impose rules on how abortions were performed, they could not outright ban abortions during this stage.
- Third Trimester: After the fetus reached viability—the point where it could survive outside the womb-the state’s interest in protecting potential life became more compelling. States could then restrict or even ban abortions, except when the procedure was necessary to protect the life or health of the mother.
The trimester framework was designed to balance personal rights with state interests but it led to future legal debates over what regulations were permissible and how to define the state’s interest in protecting life.
Dissenting Opinions in Roe v. Wade
Not all the justices agreed with the ruling in Roe v. Wade. Two justices-Byron White and William Rehnquist- disagreed and wrote dissenting opinions.
Justice Byron White argued that the Court had overstepped its authority by creating a new constitutional right to abortion. He described the decision as an “exercise of raw judicial power,” meaning the Court had gone beyond its role and taken away the power of individual states to make their own laws about abortion. In his view, decisions about abortion should be left to the states to handle as they chose.
Justice William Rehnquist also disagreed, arguing that the right to privacy did not cover the right to abortion. He pointed out that the Constitution does not explicitly mention abortion and the Court’s decision was inconsistent with past laws that allowed states to regulate or even ban abortion. He believed the decision ignored the legal tradition that had long permitted states to control abortion laws.
The Aftermath of Roe v. Wade
The Roe v. Wade decision had a significant and immediate impact on American society. It effectively overturned many state laws that limited or banned abortion, resulting in the widespread availability of legal abortion services across the country. However, this ruling also sparked a fierce and ongoing political battle between those who support a woman’s right to choose (pro-choice advocates) and those who oppose abortion (pro-life advocates).
Pro-choice supporters celebrated the decision as a major victory for women’s rights and reproductive freedom. They believed that women should have the authority to make choices about their own bodies without interference from the government. The ruling was seen as a crucial step toward achieving gender equality because it allowed women more control over their reproductive choices which, in turn influenced their ability to fully participate in society.
On the other hand, pro-life advocates considered the decision a serious injustice that overlooked the rights of the unborn. For them, the moral obligation to protect fetal life was more important than a woman’s right to privacy. The ruling energized the anti-abortion movement, leading to the establishment of many organizations dedicated to overturning Roe v. Wade and pushing for laws that would restrict or ban abortion.
As a result, the decision created a deep divide in American society, with both sides passionately advocating for their beliefs. This conflict continues to shape political discussions and policies related to reproductive rights today.
Planned Parenthood v. Casey (1992): Reaffirming Roe
In 1992, nearly twenty years after Roe v. Wade, the Supreme Court revisited the issue of abortion in the case of Planned Parenthood v. Casey. This case challenged several laws in Pennsylvania that put restrictions on abortion. These included a 24-hour waiting period, requirements for informed consent and parental consent for minors seeking abortions.
In its ruling, the Court reaffirmed the main idea from Roe v. Wade that women have a constitutional right to get an abortion. However, the Casey decision also made important changes to the legal rules set by Roe. The Court decided to abandon the trimester framework and introduced the “undue burden” standard instead. This meant that states could regulate abortions as long as their laws did not create a “substantial obstacle” for a woman trying to get an abortion.
The “undue burden” standard gave states more freedom to regulate abortion. After Casey, many states enacted laws that imposed different restrictions on abortion providers and patients. These restrictions included mandatory waiting periods, counselling requirements, ultrasound laws, and strict rules for clinics. While the Roe decision was still in place, access to abortion became more limited in some parts of the country, especially for low-income women and women living in rural areas.
The Political and Social Impact of Roe v. Wade
Beyond the legal battles, Roe v. Wade had a significant impact on politics and society in the United States. The decision deeply divided the nation, making abortion a central issue in American politics. Over time, it became a key factor for political candidates, especially those running for federal office.
The Republican Party increasingly aligned itself with the pro-life movement, supporting efforts to protect unborn life and to reverse Roe v. Wade. Many Republican politicians, including presidents, made it a priority to appoint anti-abortion judges to the courts, aiming to eventually overturn the Roe decision. In contrast, the Democratic Party largely supported the pro-choice movement, advocating for reproductive rights and access to safe, legal abortion services.
The issue of abortion also played a significant role in the judicial nomination process. Nominations for the Supreme Court became highly contentious, with abortion rights often at the center of confirmation hearings. Judges’ opinions on Roe v. Wade became a key point of contention, leading both pro-choice and pro-life groups to mobilize and influence the nomination process.
Global Influence of Roe v. Wade
The Roe v. Wade decision also had an impact around the world, influencing abortion laws and debates in other countries. Although each country’s legal system and cultural context are different, the decision served as a reference point for advocates of reproductive rights globally. In countries with stricter abortion laws, pro-choice advocates often cited Roe as an example of how legal systems could recognize women’s rights to make decisions about their bodies.
At the same time, the global abortion debate is shaped by religious, cultural and political factors, resulting in different legal frameworks in various countries. For example, after Roe, countries like Canada liberalized their abortion laws, while others, like Ireland, maintained strict prohibitions. In many developing countries, access to safe abortion remains limited, leading to serious public health concerns.
Dobbs v. Jackson Women’s Health Organization (2022): The repealing of Roe
In 2022, the Supreme Court made a major decision in the case of Dobbs v. Jackson Women’s Health Organization. This case involved a Mississippi law that prohibited most abortions after 15 weeks of pregnancy. The law challenged the “viability” standard set by Roe v. Wade, which had allowed abortions up until a fetus could survive outside the womb, around 24 weeks.
In a 6-3 decision, the Court overturned Roe v. Wade, ending the federal constitutional right to abortion and giving states the power to regulate the issue. This decision represented a major change in the U.S abortion law, as many states quickly enacted “trigger laws” that banned or severely restricted abortion.
The Dobbs decision caused widespread protests and fueled the ongoing political debate over abortion. Pro-life supporters celebrated the ruling, seeing it as a victory for the protection of unborn life. On the other hand, pro-choice advocates viewed the decision as a huge loss for women’s reproductive rights. From now on, the future of abortion access in the U.S. will depend on individual state laws, leading to a wide variety of abortion regulations across the country.
Conclusion
Roe v. Wade remains one of the most important and controversial Supreme Court decisions in American history. It changed the legal and political landscape surrounding reproductive rights, leading to decades of activism, legal challenges and political disputes. While the 1973 decision affirmed a woman’s right to choose, its eventual overturn in 2022 by Dobbs v. Jackson Women’s Health Organization illustrates the ongoing and evolving nature of the legal battle over abortion.
As the United States continues to deal with the consequences of Dobbs, the legacy of Roe v. Wade will stay central to discussions about women’s rights, bodily autonomy, and the role of the courts in shaping social policy. The legal, political, and social aspects of abortion rights will continue to evolve, making Roe a key reference point for future generations.