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Roe vs. Wade (1971)

“Jane Roe,” a Texas resident, sought to terminate her pregnancy by abortion, claiming that her pregnancy was a result of rape. Texas law prohibited abortions except to save the pregnant woman's life. A district court ruled in Roe’s favor, but refused to grant an injunction against the enforcement of the laws barring abortion. Roe v. Wade ultimately reached the U.S. Supreme Court on appeal.
Does the Constitution embrace a woman's right to terminate her pregnancy by abortion?




The Judge

US Supreme Court Justice Harry Blackmun


The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of forty-six states were affected by the Court's ruling.

The Roe v. Wade decision prompted national debate that continues to this day. Debated subjects include whether and to what extent abortion should be illegal, who should decide whether or not abortion is illegal, what methods the Supreme Court should use in constitutional adjudication, and what the role should be of religious and moral views in the political sphere. Roe v. Wade reshaped national politics, dividing much of the nation into pro-Roe (mostly pro-choice) and anti-Roe (mostly pro-life) camps, and inspiring grassroots activism on both sides.

For a full summary of this case, go to:
http://www.oyez.org/cases/1970-1979/1971/1971_70_18/

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