Tag Archives: 1970s

Roe v. Wade (410 U.S. 113 (1973))

Photo of Norma McCorvey, a.k.a. Jane Roe.

Photo: Norma McCorvey (left) and lawyer (right) advocating

The famous Roe V. Wade case of 1973. The court decision that stuck down all state laws restricting abortion during a woman’s first trimester of pregnancy. Never once has a case been decided so much on religion, beliefs, ethics, and morality. It challenged a woman’s right to privacy and abortion laws across the United States.

At the time, two graduates of the University of Texas, Linda Coffee and Sarah Weddington, brought on a case on behalf of Norma McCorvey (under alias as Jane Roe), a pregnant, unmarried woman arguing that the Texas law criminalizing most abortions unconstitutional. At the time, the Texas law had a restriction on all abortions other than those to save the life of the mother. The lawsuit was filed against the Dallas Country District Attorney, Henry Wade, and he appealed to the U.S. Supreme Court. In a 7-2 decision, the Court ruled Texas law unconstitutional, and in violation of the 9th and 14th amendments in the Bill of Rights, those amendments protecting privacy of an individual.

And so Norma McCorvey won her case, but it was too late to go through with the abortion, for she was too far along in her pregnancy when the case was finally decided.

Up until this case, there were laws restricting abortion in almost every state and was greatly limited by law in several others. State laws limiting access during the second trimester were only upheld only when to preserve the health of the mother. Roe v. Wade is known for the legalization of abortion in the United States.

The Supreme Court found that a woman’s right to privacy deserves the highest level of protection and care, thanks to Roe v. Wade. The Court also, however, recognizes that the right to privacy is not absolute and assured and that each state has its own protection guarding maternal health.

The Roe v. Wade case may be the most famous and important reproductive rights case, and especially when studying abortion legal history. As one of the most debated cases in U.S. legal history, much criticism comes out of it. Tulane Law School Student Alex McBride suggests that, “To the political Right, critics accuse the Court in Roe of legalizing the murder of human life with flimsy constitutional justifications. To the Left, critics maintain that Roe was poorly reasoned and caused an unnecessary political backlash against abortion rights.” (McBride) To this day, many believe that this was a classic example of pure protection of an individual’s most basic human rights – that of privacy.

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