Roe v. Wade: Background and Facts

Street Law Case Summary
Roe v. Wade (1973)

Argued: December 13, 1971
Reargued: October 11, 1972
Decided: January 22, 1973
Background and Facts

The Constitution does not use the word “privacy” anywhere in the text. But some of the
amendments in the Bill of Rights include protections for some types of privacy, like the Fourth
Amendment’s right to be free from unreasonable government searches and seizures. During the
21st century, the Supreme Court said that the Constitution, including the Due Process Clause of the
14th Amendment, provided a right to privacy that protected people as well as places. The Court said
that the right to privacy included decisions about raising children, marriage, and birth control. This is
a case about whether the right to privacy includes the right to have an abortion to terminate a
pregnancy.
In the 19th and early 20th centuries, most states passed laws banning or controlling abortion. Many
people felt that abortion was morally wrong, so some states outlawed abortion unless the mother’s
life was in danger. But illegal abortions were common and often dangerous.
In Texas, it was illegal to have an abortion unless a doctor said it was needed to save the mother’s
life. In 1969, a pregnant resident of Texas known as Jane Roe (a made-up name used to protect her)
wanted to have an abortion. Roe sued, arguing that the Texas law violated the United States
Constitution.
The District Court ruled that the Texas law was unconstitutional because a woman’s choice to an
abortion is a fundamental right that is protected by the Ninth Amendment. The state of Texas
asked the Supreme Court to hear the case, and it agreed.
Constitutional Question
Does the U.S. Constitution protect the right of a woman to have an abortion?
Arguments for Roe

− Some choices, including whether or not to have a child, are protected by the Constitution
because they are private. While it is not mentioned in the Constitution, the right to privacy is
indirectly guaranteed by the First, Fourth, Fifth, Ninth, and 14th Amendments.
− A fetus is not a person under the law and does not have the same legal rights as the mother.
© 2018 Street Law, Inc. 1

Roe v. Wade (1973)
− Many women have unwanted pregnancies, which has a major effect on their lives. In the
1970s, women could legally be fired if they became pregnant. Women could be risking their
careers, their finances, and their mental and physical health by having a child.
− If a woman in Texas wants to have an abortion, she must either travel to another state where
abortion is legal or have an illegal, unsafe abortion. Travel is expensive, so it is harder for
poor women to have safe abortions.
Arguments for Wade

− The Constitution does not protect the right to an abortion. It isn’t mentioned in the text,
and there is no reason to think that the framers protected that right in the 14th Amendment.
− A fetus is a person and has constitutional rights. The state has an important interest in
protecting fetuses because they will grow up to be citizens. A fetus’s right to life is more
important than the mother’s right to privacy.
− The Court’s earlier decisions said that the right to privacy can be limited by reasonable rules.
Texas’ law is reasonable because the state has a strong interest in protecting the fetus and
women’s health.
− Decisions about whether to allow or ban abortions should be left to the state legislatures,
not the courts. The legislature is elected, so it mirrors the beliefs of the citizens.
Decision
The Supreme Court ruled for Jane Roe in a 7-2 decision. Justice Blackmun wrote the Court’s
opinion, holding that a woman’s right to have an abortion was protected by the Constitution. Chief
Justice Burger and Justices Stewart and Douglas wrote concurring opinions. Justices White and
Rehnquist wrote dissents.
The majority ruled that a woman’s right to an abortion was found in the 14th Amendment’s Due
Process Clause, which says that states cannot “deprive any person of … liberty … without due
process of law.” This “liberty” includes the right to privacy. The Court said that the right to privacy
includes the right to decide whether or not to have an abortion. Additionally, the Court decided that
the word “person” in the 14th Amendment does not include a fetus, as the law throughout history
did not recognize a fetus as having rights.
Despite finding that women have the right to have an abortion, the Court also said that it was
limited by the state’s interests. The Court ruled that where fundamental rights, like privacy, are
involved, the state can only limit these rights by showing a compelling (or persuasive) state interest.
The Court recognized that the state has interests in protecting women’s health and potential human
life.
To balance the state’s interests with the woman’s interests, the Court set up a test to decide when
states could regulate or ban abortions. During the first trimester, or first three months of a
pregnancy, a woman’s right to privacy is more important than the state’s interests. Abortion is not

Roe v. Wade (1973)
dangerous during this part of the pregnancy and the fetus is still undeveloped. During the second
trimester, abortion poses a bigger risk and the fetus is more developed. The state can regulate, but
not outlaw, abortions during the second trimester. However, these laws must be intended to protect
the mother’s health. During the third trimester, abortion is even riskier and the fetus is almost
completely developed and might be able to survive on its own. The state’s interests become more
important than the mother’s right to privacy during these last three months. A state can regulate and
even ban abortions during the last trimester as long as there are exceptions for abortions needed to
protect the mother’s health.
In his dissent, Justice White said that nothing in the text or history of the Constitution supported the
right to have an abortion. Justice Rehnquist agreed, arguing that this was a question for the
legislature, not the courts.
Impact of the Case

The immediate impact of the decision in Roe v. Wade was the striking down of laws that banned or
severely restricted abortions in 30 states, including Texas.
Roe v. Wade has formed the basis for several later decisions about abortion. Several states have
passed laws regulating abortion; these are often challenged in court. Although the Supreme Court no
longer uses the trimester framework declared in Roe v. Wade, the Court has continued to rule that
laws placing an undue burden on women seeking abortions are unconstitutional. It has allowed for
some restrictions on the procedure like parental notification for minors and waiting periods.
Glossary
− Abortion: a premature end to a pregnancy; may result from a miscarriage or a medical
procedure.
− Bill of Rights: the first ten amendments to the U.S. Constitution.
− Compelling: very important and persuasive.
− Concurring opinion: written explanation of a decision when a justice agrees with the result
of a case, but for a different reason than the majority.
− Dissent: an opinion written by the justices who disagree with the majority’s decision.
− Due Process Clause: the part of the 14th Amendment that says the states cannot take away
someone’s life, liberty, or property without due process of law. “Due process of law” means
that the government must follow certain procedures, like a trial. These procedures are
different depending on what the government is trying to take away.
− Fetus: the medical term used for an unborn baby.

Roe v. Wade (1973)
− Fourth Amendment: the Fourth Amendment protects individuals from “unreasonable

searches and seizures.” That means that the government cannot simply enter someone’s
house and search through their belongings without a good reason.
− Fundamental right: a right that is considered so important that the government must
protect it.
− Liberty: freedom.
− Majority: the opinion signed by more than half of the Supreme Court.
− Seizures: when the government takes someone’s property, often to use it as evidence in a
criminal trial.
− Trimester: three months of a pregnancy. There are three trimesters in a pregnancy.
− Unconstitutional: not allowed by or contained in the Constitution. If a law is
unconstitutional, it will be struck down, meaning it is no longer a law.
Additional information about Roe v. Wade , including background at three reading levels, opinion
quotes and summaries, teaching activities, and additional resources, can be found at
https://www.landmarkcases.org/.

Roe v. Wade: Background and Facts

Uploaded by

Copyright:

Available Formats

Roe v. Wade: Background and Facts

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Roe v. Wade: Background and Facts

Uploaded by

Copyright:

Available Formats

Street Law Case Summary

Roe v. Wade (1973)

Background and Facts

Arguments for Roe

© 2018 Street Law, Inc. 1

Arguments for Wade

© 2020 Street Law, Inc. 2

Impact of the Case

© 2020 Street Law, Inc. 3

− Fourth Amendment: the Fourth Amendment protects individuals from “unreasonable

© 2020 Street Law, Inc. 4

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.