Roe v. Wade, a landmark legal case from 1973, is recognized for having a significant influence on the Supreme Court abortion rights precedent. Unmarried pregnant lady Jane Roe brought the action on behalf of herself and others by protesting Texas' restrictive abortion laws. A Texas doctor joined the complaint as well, arguing that the state's abortion rules were too hazy because he had previously been prosecuted for breaking them.
During that time, abortion was illegal in Texas unless it was required to preserve the pregnant woman's life. Both getting an abortion and trying to get one were viewed as crimes.
Texas supports restrictions on abortion
In its defense of the abortion law, the state relied on three primary points: i) A fetus is a "person" protected by the 14th Amendment, ii) states have an interest in preserving health, upholding medical standards, and protecting prenatal life iii) Protecting prenatal life from the time of conception is a compelling state interest.
The 14th Amendment's guarantee of "liberty" was violated by the Texas law. The Texas statute violated the Bill of Rights guarantees of marital, family, and sexual privacy.
A person has the unrestricted right to end a pregnancy in any method, at any time, and for any cause they see fit.
How Roe v. Wade was decided by the Supreme Court
The two arguments put forth were divided by the court. First, the Court acknowledged that privacy rights do apply to abortion. As stated in the Due Process Clause of the Fourteenth Amendment, everyone has the fundamental right to privacy. The right to privacy is not expressly stated in the Due Process Clause. However, since 1891, the Supreme Court has acknowledged such a right.
The court agreed that many things are at risk when a pregnancy is compelled to continue, including physical well-being, mental health, financial difficulties, and social stigma.
The Court established a framework to balance the rights to privacy with the objectives of the state. The Court established the rights of each party by dividing pregnancy into three 12-week trimesters, recognizing that the rights of pregnant women may conflict with the rights of the state to safeguard potential human life:
The Court ruled that a state cannot restrict abortion during a woman's first trimester of pregnancy beyond mandating that it be carried out by a licensed physician under circumstances that are medically safe.
The Supreme Court ruled that a state may control abortions during the second trimester if the laws are logically connected to the health of the expectant mother.
Roe v. Wade was not the Supreme Court's final encounter with abortion rights. In subsequent cases, the court adjusted certain aspects of the guidelines established in Roe while preserving the fundamental privacy right.
This lawsuit overturned the constitutional right to abortion in the US
Roe v. Wade, a case that would change the landscape of reproductive rights in the US emerged from a historic court conflict. Here is an overview of the 1973 lawsuit that overturned the constitutional right to abortion in the US
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