View source for Roe v. Wade

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{{Infobox
|name         = Infobox/doc
|bodystyle    = 
|title        = ''Roe v. Wade''
|titlestyle   = background:#ccf;

|image        = [[File:Seal of the United States Supreme Court.svg|100px]]
|imagestyle   = 
|caption      = Seal of the [[United States Supreme Court]]
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|header1 = Argued December 13, 1971<br>Reargued October 11, 1972<br>Decided January 22, 1973<br>Overturned June 24, 2022
|label2  = Full case name
|data2   = ''Jane Roe, et al. v. Henry Wade, District Attorney of Dallas County''
|label3  = Citation
|data3   = 410 U.S. 113 (1973)
|header4 = Decision
|data5   = State laws that [[Abortion laws|make abortions illegal]] [[wikt:violate|violate]] women's [[due process]] [[rights]]
|header6 = Case opinions
|label7=[[Majority opinion|Majority]]
|data7   = Justice [[Harry Blackmun|Blackmun]], joined by Justices [[Warren E. Burger|Burger]], [[William O. Douglas|Douglas]], [[William J. Brennan, Jr.|Brennan]], [[Potter Stewart|Stewart]], [[Thurgood Marshall|Marshall]], & [[Lewis F. Powell, Jr.|Powell]]
|label8=[[Concurring opinion|Concurring]]
|data8= Justices Burger, Douglas, & Stewart
|label9  = [[Dissenting opinion|Dissenting]]
|data9   = Justices [[Byron White|White]] and [[William Rehnquist|Rehnquist]]
|header10=Laws applied
|data11=[[Fourteenth Amendment to the United States Constitution|14th Amendment]]; Texas Code of Criminal Procedure, Articles 1191-94, 1196
}}
'''''Roe v. Wade''''' was a 1973 [[landmark decision]] by the [[US Supreme Court]] that ruled that a state [[law]] that banned [[abortion]] was [[unconstitutional]].<ref name=rvwPBS>{{cite web |url=https://www.pbs.org/wnet/supremecourt/rights/landmark_roe.html |title=Roe v. Wade (1973) |author= |website= |publisher=PBS/Educational Broadcasting Corporation |accessdate=February 15, 2016}}</ref> The decision said that a woman's right to [[wikt:privacy|privacy]] extended to the [[fetus]] that she was carrying. The court viewed that during the first three months ([[Pregnancy|trimester]]) an abortion was no more dangerous than carrying the fetus to [[pregnancy|full term]].<ref>{{cite web |url=http://www.endroe.org/roeanalysis.aspx |title=The Court's Abortion Jurisprudence; An Analysis of Roe and Related Cases |author= |website= |publisher=National Committee for a Human Life Amendment |accessdate=February 15, 2016}}</ref> The 7-2 decision was supported by Chief Justice [[Warren E. Burger]] and six other Justices and was opposed by Justices [[William Rehnquist]] and [[Byron White]].<ref name=Oyez>{{cite web |url=https://www.oyez.org/cases/1971/70-18 |title=Roe v. Wade |author= |website= |publisher=IIT Chicago-Kent College of Law |accessdate=February 15, 2016}}</ref> 

The decision divided the [[United States]] into [[pro-life]] and [[pro-choice]] camps and is still controversial. Pro-life supporters argue that the unborn baby has the same right to life as other people and that the government should intervene to protect it. Pro-choice supporters believe that the unborn baby is not the same as a person, that the woman has the right to choose what she wants to do with her body and that the government should not intervene.

''Roe v. Wade'' was limited by a later decision, ''Webster v. Reproductive Health Services'' (1989), which allowed the regulation of abortion in some cases. Several states have considered laws banning abortions altogether.<ref>{{cite web |url=http://www.huffingtonpost.com/2012/01/20/roe-v-wade-anniversary_n_1216869.html |title=Roe v. Wade Still Under Siege, 38 Years Later |author-first1=Laura|author-last1=Bassett|author-first2=Mike|author-last2=Sacks |date=January 20, 2012 |work=The Huffington Post |accessdate=February 15, 2016}}</ref>

In May 2022, a draft of the Supreme Court's decision to overrule ''Roe v. Wade'' was leaked to the media.<ref name="over" /> On June 24, 2022, the Supreme Court overturned ''Roe v. Wade''.<ref>{{cite web | url=https://www.cnbc.com/2022/06/24/roe-v-wade-overturned-by-supreme-court-ending-federal-abortion-rights.html | title=Supreme Court overturns Roe v. Wade, ending 50 years of federal abortion rights | website=[[CNBC]] | date=June 24, 2022 }}</ref>

== Background ==
The case began in 1970 in [[Texas]] as a challenge against a law banning any kind of abortion unless the mother's life was in danger.<ref name=rvwUSH>{{cite web |url=http://www.ushistory.org/us/57d.asp |title=57d. Roe v. Wade and Its Impact |author= |website= |publisher=ushistory.org |accessdate=February 15, 2016}}</ref> A pregnant Texas woman, [[Norma McCorvey]] ([[alias]] Jane Roe), brought a [[lawsuit]] against [[Henry Wade]], [[Dallas County, Texas|Dallas County]] [[District Attorney]], in a Texas federal court.<ref name=rvwPBS/> 

Claiming to be a single woman and pregnant, McCorvey wanted to [[wikt:terminate|terminate]] her pregnancy.<ref name="rvwLII">{{cite web |url=https://www.law.cornell.edu/supremecourt/text/410/113 |title=Roe v. Wade |author= |website= |publisher=Legal Information Institute, Cornell University Law School|accessdate=February 15, 2016}}</ref> She could not get a legal abortion in Texas because her life was not in danger. She wanted it to be done safely by a [[medical doctor|doctor]] but said that she could not afford to [[travel]] outside Texas. Her lawsuit claimed that the Texas law violated her right to privacy, which was protected by the [[First Amendment to the United States Constitution|First]], [[Fourth Amendment to the United States Constitution|Fourth]], [[Fifth Amendment to the United States Constitution|Fifth]], [[Ninth Amendment to the United States Constitution|Ninth]], and [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendments]].<ref name="rvwLII" /> Roe added that she sued "on behalf of herself and all other women" in the same situation.<ref name="rvwLII" />

The case slowly made its way to the [[US Supreme Court]]. Meanwhile, McCorvey had her baby and placed it for [[adoption]].<ref>{{cite web |url=http://www.cnn.com/2013/11/04/us/roe-v-wade-fast-facts/ |title=Roe v. Wade Fast Facts |author= |website= |date=November 4, 2013 |publisher=CNN |accessdate=February 15, 2016}}</ref>

== Majority opinion ==
In a 7-2 decision, the court held that a woman's right to an abortion was protected by her right to privacy under the Fourteenth Amendment.<ref name=Oyez/> The decision allowed a woman to decide whether or not to have an abortion during the first trimester.<ref name=Oyez/> That affected the laws of 46 states.<ref name=Oyez/>

Justice [[Harry Blackmun]] wrote the [[majority opinion]]:<ref name=Oyez/> "We... acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires."<ref>{{cite web |url=http://landmarkcases.org/en/landmark/cases/roe_v_wade |title=Roe v. Wade (1973) |author= |website= |publisher=Landmark Cases |accessdate=February 15, 2016 |archive-date=February 14, 2016 |archive-url=https://web.archive.org/web/20160214132039/http://landmarkcases.org/en/landmark/cases/roe_v_wade |url-status=dead}}</ref>

== Dissenting opinion ==
The [[dissenting opinion]] was written by Justice [[William Rehnquist]], who disagreed with the majority decision for several reasons.<ref name=jwrNCHLA>{{cite web |url=http://www.endroe.org/dissentsrehnquist.aspx |title=Justice William Rehnquist; Dissent in Roe v. Wade |author= |website= |publisher=National Committee for a Human Life Amendment |accessdate=February 15, 2016}}</ref> 
* He pointed out that there was no [[legitimate]] [[plaintiff]] in the case, which was a requirement to hear the case. A legitimate plaintiff would have been a woman in the first trimester of her [[pregnancy]] at some point while the case was being tried. McCorvey (Jane Roe) did not fit that qualification and so the ruling had no application to the case.<ref name=jwrNCHLA/>
* The court recognized a woman's right to abortion under the general "right to privacy" from previous cases. However, he argued, "A transaction such as this is hardly 'private' in the ordinary usage of the word."<ref name=jwrNCHLA/>
* The majority opinion was vague on the exact place of the right to privacy in the Constitution. Several amendments were mentioned, but none was specifically identified to contain the right to privacy. The word "privacy" is not found in the Constitution.<ref name=jwrNCHLA/> 
* Additional problems include the court acting as a [[legislature]] in dividing pregnancy into three trimesters and outlining the permissible restrictions that states may make.<ref name=jwrNCHLA/> He pointed out that 36 of the 37 states in 1868, when the Fourteenth Amendment was passed, had laws against abortion, including Texas: "The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter."<ref name=jwrNCHLA/>

== Right to privacy interpretation ==
The basis for the "right to privacy" is a [[judicial interpretation]] that can be traced from an earlier case ''Griswold v. Connecticut'' (1965).<ref name=PolicyMic>{{cite web |url=http://mic.com/articles/23822/roe-v-wade-a-simple-explanation-of-the-most-important-scotus-decision-in-40-years#.yiABc9Pmj |title=Roe v. Wade: A Simple Explanation Of the Most Important SCOTUS Decision in 40 Years |author=Mark Kogan |date=January 22, 2013 |website= |publisher=Mic Network Inc |accessdate=February 15, 2016}}</ref> In that landmark case, the Supreme Court ruled that a [[Connecticut]] law against the use of [[contraceptive]]s violated the right to privacy, as found in the Constitution.<ref name=PolicyMic/> However, the right to privacy is not directly mentioned in the Constitution.<ref name=rtpACLU>{{cite web |url= https://www.aclu.org/your-right-privacy |title= Your Right to Privacy |author=|website= |publisher=ACLU |accessdate=February 15, 2016}}</ref> The Supreme Court decided that the right to privacy is [[wikt:imply|implied]] by several amendments. In 1923, the court interpreted the "liberty" [[wikt:guarantee|guarantee]] in the Fourteenth Amendment as a broad right to privacy.<ref name=rtpECL>{{cite web |url=http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html |title=The Right of Privacy |author= |website= |publisher=Exploring Constitutional Law |accessdate=February 15, 2016}}</ref> Justice [[William O. Douglas]] stated the guarantees of the right to privacy had penumbras (implied rights) "formed by emanations (a [[wikt:flow|flowing]]) from those guarantees that help give them life and substance."<ref name=penumbFD>{{cite web |url=http://legal-dictionary.thefreedictionary.com/penumbras |title=Penumbra |author= |website= |publisher=The Free Dictionary/Farlex |accessdate=February 15, 2016}}</ref>

== Trimester concept ==
In its decision, the court used the three-trimester framework of pregnancy.<ref name=PolicyMic/> During the first trimester, an abortion was safer for the mother than [[childbirth]].<ref name=PolicyMic/> The reasoning was that the decision of whether to get an abortion at that stage should be left up to the mother to decide.<ref name=PolicyMic/> Any law that [[wikt:interfere|interfere]]d with abortions in the first trimester would be presumed to be unconstitutional.<ref name=PolicyMic/> During the second trimester, laws could regulate abortion only to protect the [[wikt:health|health]] of the mother.<ref name=PolicyMic/> During the third trimester, the unborn child was viable and so could live on its own, outside the mother's [[womb]].<ref name="PolicyMic" /> Then, laws could restrict or prohibit abortions unless it was necessary to preserve the mother's health. That [[doctrine]] stood until 1992,<ref name="PolicyMic" /> when ''[[Planned Parenthood v. Casey]]'' had the court now base the legality of an abortion no longer on trimesters but on [[fetal viability]].<ref>Danielle Keats Morris, 'Planned Parenthood v. Casey: From U.S. "Rights Talk" to Western European "Responsibility Talk"', ''Fordham International Law Journal'', Volume 16, Issue 3 (1992), pp. 772–773</ref>

==Overruling==
The case, Docket Number 19-1392,Dobbs, ''State Health Officer of the Mississippi Department of Health, et al. v. Jackson Women’s Health Organizatione et al.'' started being argued on December 1, 2021.<ref name="SCOTUS2022">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=Supreme Court of The United States |publisher=Supreme Court of The United States |accessdate=June 25, 2022 |language=en }}</ref>
 
On May 2, 2022, ''[[Politico]]'' was given a leaked initial draft majority opinion written by Justice [[Samuel Alito]] suggesting that the Supreme Court is and will overturn ''Roe'' and ''Casey'' in a pending final decision on ''[[Dobbs v. Jackson Women's Health Organization]]''.<ref>{{cite web |title=Exclusive: Supreme Court has voted to overturn abortion rights, draft opinion shows |url=https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473|access-date=May 3, 2022|website=[[Politico]]|date=May 2, 2022|first1=Josh|last1=Gerstein|first2=Alexander|last2=Ward}}</ref> The leak also renewed calls on the US Senate to pass legislation already passed by the House of Representatives to codify the rights created by ''Roe'' before the ''Dobbs'' decision is formally published.<ref name=over>{{cite web |last1=Biskupic|first1=Joan|last2=Sneed|first2=Tierney|last3=De Vodue|first3=Ariane|date=May 3, 2022 |title=Supreme Court draft opinion that would overturn Roe v. Wade published by Politico |url=https://www.cnn.com/2022/05/02/politics/roe-v-wade-supreme-court/index.html |access-date=May 3, 2022 |website=CNN}}</ref>

On June 24, 2022, ''Roe v. Wade'' was formally struck down by the Supreme Court.<ref name="SCOTUS2022" /> The opinion officially released was almost identical to the leaked version on May 2, 2022. Because Chief Justice Roberts "concurring in judgment," the outcome has been put as 5-4 or 6-3 (technically, it is 6-3) and either way effectively overturned ''Roe v. Wade''. The following are the opinions:

*[[Samuel Alito|Justice Alito]] delivered the opinion of the court.<ref name="Opinion">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=9–87 |language=en |date=June 24, 2022}} Opinion of the Court </ref><ref name="OpinionA">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=87–109|language=en |date=June 24, 2022}} Appendix A to the opinion of the Court </ref><ref name="OpinionB">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=109–116|language=en |date=June 24, 2022}} Appendix B to the opinion of the Court </ref>

Concurring with the opinion were 
*[[Clarence Thomas|Justice Thomas]]<ref name="Thomas">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=117–123|language=en |date=June 24, 2022}} Justice Kavanaugh - concurrence</ref>
*[[Neil Gorsuch|Justice Gorsuch]] - There is no direct concurrence or dissent from Justice Gorsuch. Throughout the opinion, he concurs with some of the opinions and dissents with some of the opinions presented by the Court.<ref name="G1">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=8 |language=en |date=June 24, 2022}} Justice Gorsuch - concurring</ref><ref name="G2">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=65 |language=en |date=June 24, 2022}} Justice Gorsuch - dissenting</ref><ref name="G3">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=68 |language=en |date=June 24, 2022}} Justice Gorsuch - joined in 'opinion in part'</ref><ref name="G4">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=74|language=en |date=June 24, 2022}} Justice Gorsuch - dissenting</ref>
*[[Brett Kavanaugh|Justice Kavanaugh]]<ref name="Kavanaugh">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=124–135 |language=en |date=June 24, 2022}} Justice Kavanaugh - concurrence</ref>

*[[Amy Coney Barrett|Justice Barrett]] - Justice Barrett did not file any opinion with the document. She just concurred with what the majority wrote.

Concurring in judgment (in agreement with the outcome of the situation but with different thoughts as to why from the majority).
*[[John Roberts|Chief Justice Roberts]]<ref name="Roberts">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=136–147 |language=en |date=June 24, 2022}} Chief Justice Roberts - concurring in judgement</ref>

Dissenting (not in agreement and voting against the majority)<ref name="Dissent">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=148–207 |language=en |date=June 24, 2022}} Dissent from Justices Kagan, Sotomayor, and Breyer</ref><ref name="DissentA">{{cite web |title=Dobbs, State Health Officer of The Mississippi Department of Health, Et Al. V. Jackson Women's Health Organization Et Al. |url=https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf |website=The United States Supreme Court |publisher=The United States Supreme Court |accessdate=June 24, 2022 |pages=208–213 |language=en |date=June 24, 2022}} Dissent appendix A from Justices Kagan, Sotomayor, and Breyer</ref>
*[[Elena Kagan|Justice Kagan]]
*[[Sonia Sotomayor|Justice Sotomayor]]
*[[Stephen Breyer|Justice Breyer]]

This opinion has now given the power to the individual states on what laws they want on abortion.

Justice Alito wrote {{Blockquote|text=Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.<ref name="CNN">{{cite news |last1=CNN |first1=Ariane de Vogue, Tierney Sneed, Chandelis Duster and Devan Cole |title=Supreme Court overturns Roe v. Wade |url=https://www.cnn.com/2022/06/24/politics/dobbs-mississippi-supreme-court-abortion-roe-wade/index.html |work=CNN |date=24 June 2022 |language=en}}</ref>}}

Justices Kagan, Sotomayor, and Breyer stated in their dissenting opinion
{{Blockquote|text=With sorrow -- for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection -- we dissent.<ref name="CNN" />}}

During a speech at the White House, given shortly after the opinion was released, US President [[Joe Biden]] stated in part:<ref name="CNN" /><ref name="Biden">{{cite web |title=Remarks by President Biden on the Supreme Court Decision to Overturn Roe v. Wade |url=https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/06/24/remarks-by-president-biden-on-the-supreme-court-decision-to-overturn-roe-v-wade/ |website=The White House |publisher=The White House |accessdate=June 24, 2022 |date=June 24, 2022}}</ref>
{{Blockquote|text=...the health and life of women in this nation are now at risk...<br>...It's a sad day for the court and for the country...}}

[[Vice President of the United States|US Vice President]] [[Kamala Harris]] stated in a pre-scheduled briefing about the future of women's maternity care had to reverse course and she stated in her briefing:<ref name="Harris">{{cite web |title=Remarks by Vice President Harris on the Supreme Court Decision to Overturn Roe V. Wade |url=https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/06/24/remarks-by-vice-president-harris-on-the-supreme-court-decision-to-overturn-roe-v-wade/ |website=The White House |publisher=The White House |accessdate=June 24, 2022 |date=June 24, 2022}}</ref>
{{Blockquote|text=This is a healthcare crisis, because understand: Millions of women in America will go to bed tonight without access to the healthcare and reproductive care that they had this morning; without access to the same healthcare or reproductive healthcare that their mothers and grandmothers had for 50 years.<br> 
This is the first time in the history of our nation that a constitutional right has been taken from the people of America.  And what is that right? — some might ask.  It’s the right to privacy.}}

== References ==
{{reflist}}

== Other websites ==
* [http://law2.wlu.edu/lawcenter/page.asp?pageid=1620 Roe at 40 – The Controversy Continues] {{Webarchive|url=https://web.archive.org/web/20150906010933/http://law2.wlu.edu/lawcenter/page.asp?pageid=1620 |date=September 6, 2015 }}
* [http://www.cnn.com/2013/01/22/health/roe-wade-abortion-timeline/ Before and after Roe v. Wade, CNN]
* [http://www.livescience.com/37398-right-to-privacy.html Right to Privacy: Constitutional Rights & Privacy Laws]

{{DEFAULTSORT:Roe v. Wade}}
[[Category:1973 in the United States]]
[[Category:Court cases and laws about abortion]]
[[Category:United States Supreme Court cases]]
[[Category:Abortion in the United States]]