Roe v. Wade

Definition

Roe v. Wade is a landmark 1973 Supreme Court case that established the constitutional right to abortion in the United States. The decision struck down laws in many states that had previously made abortion illegal, effectively legalizing the procedure nationwide.

5 Must Know Facts For Your Next Test

1. The Roe v. Wade decision established that a woman's right to privacy under the Due Process Clause of the 14th Amendment extended to her decision to have an abortion.
2. The case involved a pregnant single woman (Jane Roe, later identified as Norma McCorvey) who challenged the constitutionality of the criminal abortion laws in Texas, where she lived.
3. The Court's ruling effectively overturned the laws of 46 states, making abortion legal in the first trimester of pregnancy and allowing states to regulate it in the second and third trimesters.
4. The decision was a major victory for the pro-choice movement, but it has remained a highly contentious and divisive issue in American politics.
5. Roe v. Wade has been the subject of numerous legal challenges and attempts to overturn or limit its scope, with the Court upholding its central holding in subsequent rulings.

Review Questions

• Explain how the Roe v. Wade decision relates to the decline of legislative influence in the context of the judiciary taking action.
  • The Roe v. Wade decision is a prime example of the judiciary asserting its power of judicial review to overturn laws passed by state legislatures. By ruling that a woman's right to privacy extended to her decision to have an abortion, the Supreme Court effectively struck down the abortion laws of 46 states, diminishing the ability of legislative bodies to regulate this issue. This case demonstrates how the judiciary can limit the influence of the legislative branch by interpreting the Constitution in a way that invalidates statutes, even on highly contentious social issues.
• Analyze how the Roe v. Wade decision illustrates the judiciary's ability to take action and shape public policy.
  • The Roe v. Wade decision showcases the significant impact the judiciary can have on public policy through its power of judicial review. By ruling that the Constitution protects a woman's right to have an abortion, the Supreme Court effectively legalized the procedure nationwide, overriding the will of state legislatures and reshaping the legal and social landscape surrounding this issue. This case demonstrates how the courts can take decisive action to establish new constitutional rights and principles, which can have far-reaching implications for the legislative and executive branches, as well as the general public. The Roe v. Wade ruling exemplifies the judiciary's capacity to be a powerful policymaker and agent of social change.
• Evaluate the long-term effects of the Roe v. Wade decision on the balance of power between the legislative and judicial branches of government.
  • The Roe v. Wade decision has had lasting consequences for the balance of power between the legislative and judicial branches. By striking down state laws restricting abortion, the Supreme Court significantly curtailed the ability of legislatures to regulate this issue, shifting more power to the courts. This has led to ongoing legal battles and attempts to overturn or limit the Roe v. Wade precedent, as lawmakers seek to regain their legislative influence. The decision also set a precedent for the judiciary to interpret the Constitution in ways that create new individual rights, which can further encroach on the traditional policymaking role of the legislative branch. The enduring controversy surrounding Roe v. Wade highlights the tension between the branches of government and the ongoing struggle to define the proper scope of judicial power in a democratic system.

Related terms

Abortion Rights: The legal and ethical right of a woman to have an abortion, which is the termination of a pregnancy.

Judicial Review:

The power of the judiciary to review the actions of the legislative and executive branches of government and to declare them unconstitutional.

Substantive Due Process:

The legal doctrine that certain fundamental rights are protected by the due process clauses of the Fifth and Fourteenth Amendments, even if they are not specifically enumerated in the Constitution.