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Roe v. Wade was decided simultaneously with companion case Doe v. Boton, the Court ruled that a right to privacy under the due process clause in the 14th Amendment extends to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate interests for regulating abortions: protecting prenatal life and protecting the woman's health. Saying that these state interests become stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the woman's current trimester of pregnancy.
Alyce Corkery
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∙ 14y agoThe simple answer is that it made abortion legal, within certain limits. 1) Till "quickening" of the fetus, or 2) When the pregnancy has the potential to harm the mother.
The US Supreme Court looked back at abortion laws and practices for about 2,000 years. They found that abortion was outlawed (generally) from two main factors: 1) Unsafe sterilization practices 2) Religious morals. When abortions were legal, they then examined a term called "Quickening" of the fetus, quoting Sir William Blackstone "Life… begins in contemplation of law as soon as an infant is able to stir in the mother's womb."
After looking at all these factors the court determined that: 1) Religious morals are not a proper foundation for any law, 2) That medical science has progressed to the point that abortion is very safe, and 3) That "life" within the meaning of the law (present and historical) begins at "Quickening" of the unborn fetus.
Wiki User
∙ 13y agoRoe v. Wade, (1973), was a landmark United States Supreme Court case establishing that most laws against abortion violate a constitutional right to privacy, and overturning all state laws outlawing or unduly restricting abortion. It is one of the most controversial decisions in US Supreme Court history.
More Information
The Texas law that was challenged (and struck down) in Roe v. Wade criminalized abortion in all cases except where it was a life-saving procedure. The United States Supreme Court found that such a restrictive statute violated the 14th Amendment Due Process Clause and that states could exercise varying degrees of discretion in regulating abortion, depending upon the stage of pregnancy. The Court also held the law violated the liberty right to privacy under substantive due process, based on the precedent set in Griswold v. Connecticut, (1965). Privacy rights are inferred from the First, Third, Fourth, Fifth and Ninth Amendments.
During approximately the first trimester, states could not limit the right to abortion--that was to be left to the "medical judgment of the pregnant woman's attending physician."
From the end of the first trimester to viability, the state could "regulate abortion in ways that are reasonably related to maternal health".
After viability, the state could regulate--or even prohibit--abortion except where necessary to preserve the life or health of the mother.
It is important to note, however, that the Supreme Court ruling only placed a limit upon the regulations a state could impose--it did not impose any regulations itself.
If Roe v. Wade were reversed, it wouldn't mean that abortion was illegal--it would mean that if states so chose, they could MAKE abortion illegal.
Case Citation:
Roe v. Wade, 410 U.S. 113 (1973)
Wiki User
∙ 8y agoThe Court ruled 7-2 that a right to privacy under the due process clause of the 14th Amendment extended to a woman's decision to have an abortion. This right is balanced against the state's two legitimate interests in regulating abortions: protecting women's health and protecting the potentiality of human life. The court resolved this balancing test by tying state regulation of abortion to the third trimester of pregnancy. Prior to this, women were obtaining abortions from unlicensed practitioners and were dying of infections and worse. Some traveled to Canada. This put the law behind women and their decisions for their bodies - "skin in" as Gloria Steinhem said. Most women of a certain age are horrified that this landmark law is under fire after all the years it took to get it to pass for women's safety.
Wiki User
∙ 9y agoIt decided that women had a right to legal abortions.
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What was the topic of the supreme court decision roe Wade?
Abortion.
What was the majority decision in Roe Vs Wade?
The US Supreme Court ruled 7-2 in favor of Roe vs. Wade.
What Supreme Court decision in 1973 was a victory for the women's movement in the US?
Roe v. Wade
What supreme court decision is partially defined by argument over the word choice?
Roe v. Wade
Which amendment did the Supreme Court cite in its Roe v Wade decision?
14th Amendment
What was the Supreme Courts ruling in the roe v. wade case of 1973?
The right to an abortion was protected by a constitutional right to privacy.
Was the Supreme Courts ruling in the Roe v. Wade case of 1973?
The right to an abortion was protected by a constitutional right to privacy.
What was the supreme court ruling roe v. wade?
Abortion in the United States has been legal in every state since the United States Supreme Court decision in Roe v. Wade, on January 22, 1973. Prior to "Roe", there were exceptions to the abortion ban in at least 10 states.
Which issue was addressed in the Supreme Court Decision Roe v Wade?
The Supreme Court decision Roe v. Wade addressed the issue of abortion and established the constitutional right to privacy, which includes a woman's right to have an abortion. This landmark decision legalized abortion nationwide and prohibited states from banning or significantly restricting access to abortion.
How many years passed between the establishment of the national organization for women and the US supreme court landmark Roe v wade decision?
The National Organization for Women was founded in 1966; Roe v. Wade was decided by the Supreme Court in 1973; thus, seven years passed between the founding of NOW and the Court ruling in Roe v. Wade.
What was the decision in roe v. wade supreme court case?
The decision was that a women has the right to an abortion if her life is in jeopardy. Later, the Supreme Court would increase that too she can get an abortion any time before the middle of the second trimester.
Was Roe v. Wade heard by the US Supreme Court in 1970?
Roe v. Wade, 410 US 113 (1973)No. Roe vs. Wade, the landmark case which disallowed federal or state restrictions on abortion and asserted a woman's constitutional right to privacy, was first heard in a District Court in Texas, before reaching the Supreme Court, which announced its decision in 1973.
