The 1973 Supreme Court case of Roe vs Wade made abortion legal in the United States. But what does that mean? To understand this landmark decision, you’ll need to look at the background, events, and key elements of the ruling that have led us to where we are today. Here’s everything you need to know about Roe vs Wade and abortion rights in the United States.
What are Roe v. Wade and Doe v. Bolton?
First, a bit of background. In 1973, two related cases—Roe v. Wade and Doe v. Bolton—went before a panel of Supreme Court justices. The plaintiffs in both cases were women who wanted to have abortions but were unable to do so because abortion was illegal in their respective states (Texas and Georgia).
The Court ruled that both Texas' and Georgia's anti-abortion laws were unconstitutional, saying they violated women's right under due process and privacy. While these two cases are often lumped together, Doe v. Bolton is not nearly as well known as Roe v.
Who Filed Their Cases?
The case was brought by Norma McCorvey, who wanted an abortion but was unable to obtain one legally in Texas. McCorvey, who was known as Jane Roe at that time, alleged that her constitutional rights were being violated.
The defendant in her case was Henry Wade, Dallas County District Attorney. McCorvey became a pro-choice activist after having an abortion herself and converted to Catholicism, officially taking on the new name Susan Roe. She died in 2017.
What Happened When These Two Cases Were Filed?
The Supreme Court hears thousands of cases each year, but only a few result in landmark decisions that shape our country. The two cases heard and decided by SCOTUS today will have long-lasting effects on women's rights, as well as affect government funding for healthcare.
In one case, President Trump's pick Brett Kavanaugh was confirmed to serve on SCOTUS after multiple allegations of sexual assault were brought against him. In another case, President Trump's first nominee Neil Gorsuch is expected to be confirmed after his nomination was blocked by Senate Democrats last year.
The Rulings (How Did It Go?)
If you’re like most people, your last interaction with Roe v. Wade was in high school history class—if that. It’s understandable; a case originating in Texas isn’t exactly a topic for light discussion over dinner.
But considering that it has had an effect on more than 50 million women and counting, Roe v. Wade is one of those cases you should probably be familiar with—especially if you live in America.
When Did These Rulings Take Place?
In 1973, Roe v. Wade and Doe v. Bolton were two Supreme Court rulings that struck down a number of anti-abortion laws in Texas. The court ruled that states could not restrict access to abortions during any stage of pregnancy, including making it illegal for women to terminate their pregnancies by choosing a procedure after 20 weeks of gestation.
These laws also made it possible for doctors to be criminally charged if they performed an abortion on a woman who was seeking one after viability—i.e., when a fetus is capable of surviving outside of its mother's womb—although several exceptions have been put into place since then in order to protect pregnant women who are victims of sexual assault or abuse and other situations.
How Did Things Change After These Cases?
Roe v. Wade, decided in 1973, established a woman’s constitutional right to abortion and remains one of our most controversial laws. Before then, each state had its own individual laws about abortion. That all changed with Roe v. Wade.
For one thing, states were no longer allowed to make their own rules about when abortion was legal—that was now under federal jurisdiction (and effectively became legalized nationwide).
Over time, many states have challenged that decision and some, like Texas and Alabama are in legal battles over what is and isn’t allowed by Roe v. Wade in their state borders. Since that initial decision in 1973, there have been three other cases brought before SCOTUS regarding abortion rights as well—which is why people often talk about Roe V.
How Do People Feel Now About Roe v. Wade?
One of our goals in writing about Roe v. Wade is to make sure that people understand that public opinion on abortion remains extremely complex and often misunderstood.
Our poll found that 6 in 10 Americans believe it should be legal for a woman to get an abortion during her first three months of pregnancy, while just over 4 in 10 say it should be illegal. But when we asked respondents how they feel specifically about Roe v.
Wade, 56% said they support it, 34% oppose it and 9% are unsure or have no opinion. This suggests there is a difference between how people feel about making abortion generally legal and how they feel about upholding Roe v. Wade.
Who Supports This Case & Why?
The case was brought by Norma McCorvey (who wrote an autobiography under her new name, Jane Roe), and in 1970 was rejected 5-3. In 1972, after several appeals, 7 of 9 justices heard arguments for and against Roe's case.
The decision came down 7-2, with Justice Blackmun writing for both himself and Justices Brennan, Douglas, Stewart and Marshall. Those seven justices agreed that it violated a woman's constitutional right to privacy to make abortion illegal if she decides it is necessary for her health or well-being.
This means that states cannot restrict access to abortion within their borders except when they're protecting women's health—and even then, they have very limited means at their disposal. Thus, Roe v.
Are There Any Current Issues With Roe v. Wade That We Should Know About?
In recent years, there has been an ongoing debate over whether or not Roe v. Wade is still relevant or even enforceable. This is due in part to a 1992 Supreme Court decision, Planned Parenthood v.
Casey, which emphasized that states have a right to regulate how late into a pregnancy abortions can be performed; however, it also reaffirmed Roe’s essential holding.
Because of these court decisions and subsequent legislation at state level in recent years, many pro-choice advocates argue that Roe still protects abortion rights and stands as constitutional law today...but they say we should be aware of what could happen if conservative judges change that status quo.