Roe v. Wade (redirected from Roe versus Wade)

Roe v. Wade, case decided in 1973 by the U.S. Supreme Court. Along with Doe v. Bolton, this decision legalized abortion in the first trimester of pregnancy. The decision, written by Justice Harry Blackmun and based on the residual right of privacy, struck down dozens of state antiabortion statutes. The decision was based on two cases, that of an unmarried woman from Texas, where abortion was illegal unless the mother's life was at risk, and that of a poor, married mother of three from Georgia, where state law required permission for an abortion from a panel of doctors and hospital officials. While establishing the right to an abortion, this decision gave states the right to intervene in the second and third trimesters of pregnancy to protect the woman and the "potential" life of the unborn child. Denounced by the National Council of Bishops, the decision gave rise to a vocal antiabortion movement that put pressure on the courts and created an anti-Roe litmus test for the judicial appointments of the Reagan and Bush administrations (1981–93). In a 1989 case, Webster v. Reproductive Health Services, the court, while not striking down Roe, limited its scope, permitting states greater latitude in regulating and restricting abortions. Then in 1992, in Planned Parenthood v. Casey, the court reaffirmed the abortion rights granted in Roe v. Wade, while permitting further restrictions.

Bibliography

See N. McCorvey with A. Meisler, I Am Roe (1994).

---

Roe v. Wade

(1973) Decision of the Supreme Court of the United States that established a woman's right to have an abortion without undue interference from the government. A Texas law prohibiting abortions was challenged by an unmarried pregnant woman (pseudonymously named Jane Roe), and the court ruled in her favour, finding that the state had violated her right to privacy (see rights of privacy). Harry Blackmun, writing for the seven-member majority, argued that the state's legitimate concern for the protection of prenatal life increased as a pregnancy advanced. While allowing that the state might forbid abortions during a pregnancy's third trimester, he held that a woman was entitled to obtain an abortion freely, after medical consultation, during the first trimester and in an authorized clinic during the second trimester. The Roe decision, perhaps the most controversial in the Supreme Court's history, remains at the centre of the issue of abortion rights. Repeated challenges since 1973, such as Planned Parenthood of Southeastern Pennsylvania v. Casey, have narrowed the scope of Roe but have not overturned it.