Scribd
Upload
3 views

Roe vs Wade Legal Text

The Roe v. Wade case, decided in 1973, established a woman's right to choose abortion based on the right to privacy under the Fourteenth Amendment, creating a trimester framework for abortion regulation. Over the years, the decision faced challenges and was reaffirmed in Planned Parenthood v. Casey (1992) before being overturned by Dobbs v. Jackson Women's Health Organization in 2022, which returned abortion regulation authority to the states. This marked a significant shift in American constitutional law and reproductive rights after nearly 50 years of precedent.

Uploaded by

caitlyn g
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd
3 views

Roe vs Wade Legal Text

The Roe v. Wade case, decided in 1973, established a woman's right to choose abortion based on the right to privacy under the Fourteenth Amendment, creating a trimester framework for abortion regulation. Over the years, the decision faced challenges and was reaffirmed in Planned Parenthood v. Casey (1992) before being overturned by Dobbs v. Jackson Women's Health Organization in 2022, which returned abortion regulation authority to the states. This marked a significant shift in American constitutional law and reproductive rights after nearly 50 years of precedent.

Uploaded by

caitlyn g
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd
You are on page 1/ 2

Based on the research reports provided, I'll provide a comprehensive summary of the

Roe v. Wade case proceedings, including its historical context, legal arguments,
decision, and eventual overturn.
Roe v. Wade Case Summary
Historical Context
Before the landmark case, the United States operated under highly restrictive
abortion laws:

Most states criminalized abortion except when the mother's life was at risk
The 1960s and early 1970s saw a growing women's rights movement advocating for
reproductive rights
The social climate was marked by changing attitudes towards sexuality, family
planning, and women's roles

The Original Case (1973)


Case Background

The case was brought by "Jane Roe" (pseudonym for Norma McCorvey)
She challenged Texas laws that criminalized abortion except to save the mother's
life

Constitutional Arguments
The case centered on several key constitutional elements:

Right to Privacy

The Court found that the right to privacy was implicit in the Fourteenth
Amendment's Due Process Clause
This right was deemed "broad enough to encompass a woman's decision whether or not
to terminate her pregnancy"

Constitutional Basis

Primary focus was on the Fourteenth Amendment's Due Process Clause


The Ninth Amendment was also considered in the lower court's decision

The Court's Decision


The Supreme Court established a trimester framework to balance women's rights with
state interests:

First Trimester

Abortion decision left entirely to the woman and her physician


No state interference allowed

Second Trimester

States could regulate abortion procedures related to maternal health

Third Trimester
States could regulate or prohibit abortion after viability
Exceptions required for mother's life or health

Legal Impact

The decision classified abortion as a "fundamental right"


Required courts to use "strict scrutiny" when evaluating abortion laws
Established federal protection for abortion rights across all states

Subsequent Developments (1973-2022)


The period between Roe and its overturn saw numerous developments:

Planned Parenthood v. Casey (1992) reaffirmed Roe but replaced the trimester
framework with an "undue burden" standard
States enacted various restrictions testing the boundaries of abortion rights
The Supreme Court's composition shifted, becoming more conservative

Overturn in Dobbs (2022)


The Dobbs v. Jackson Women's Health Organization case ultimately overturned Roe:

Based on originalist interpretation of the Constitution


Argued that abortion rights were not "deeply rooted in this Nation's history and
tradition"
Rejected the application of substantive due process to abortion rights
Returned abortion regulation authority to individual states

The Dobbs decision effectively ended the federal constitutional right to abortion
that had been established by Roe v. Wade, marking a significant shift in American
constitutional law and reproductive rights after nearly 50 years of precedent.

You might also like