Roe v. Wade

Facts

Texas had a criminal statute that prohibited abortions except when necessary to save the life of the mother. The law made it a crime for a physician to perform an abortion, and it effectively prevented women from obtaining lawful abortions in most circumstances.

A pregnant woman under the pseudonym Jane Roe (Norma McCorvey) challenged the Texas statute. Roe argued that the law violated her constitutional rights by preventing her from choosing to terminate a pregnancy. She filed suit against Henry Wade, the local district attorney responsible for enforcing the abortion statute.

Roe contended that the Constitution protects a right of personal privacy broad enough to include the decision whether to continue a pregnancy. Texas defended the law as a valid exercise of the state’s police powers, arguing that it had strong interests in protecting prenatal life and maternal health.

The case reached the Supreme Court at a time when many states had strict abortion bans, while others had begun liberalizing abortion laws. The Court was required to determine whether, and to what extent, the Constitution limits state regulation of abortion.

Issues

Does the Constitution protect a woman’s right to choose to have an abortion, and if so, what limits may the state impose on that decision?

Rule

The Court held that the constitutional right of privacy, grounded in the concept of personal liberty protected by the Due Process Clause of the Fourteenth Amendment, encompasses a woman’s decision whether to terminate a pregnancy.

The state may regulate abortion based on its legitimate interests in:

  1. protecting maternal health, and

  2. protecting potential human life.

The Court announced a trimester framework:

  • First trimester: abortion decision left largely to the woman and physician (minimal state regulation)

  • Second trimester: state may regulate in ways reasonably related to maternal health

  • Third trimester (post-viability): state may prohibit abortion except where necessary to protect the life or health of the mother

Application

The Court treated the abortion decision as part of a broader category of protected privacy and family autonomy interests, building on cases involving marriage, contraception, and intimate decision-making. The Court recognized that pregnancy uniquely affects a woman’s bodily autonomy, health, and life prospects and that forcing pregnancy to continue imposes substantial burdens.

However, the Court also recognized that the state has interests that grow stronger over time. Early in pregnancy, the primary concern is the woman’s choice and health, and the state’s interest in potential life is considered less compelling. As pregnancy progresses, risks to the woman’s health change and the fetus becomes more developed, strengthening the state’s interests.

To balance these interests, the Court created the trimester framework as a constitutional line-drawing system. This framework was intended to provide clear guidance and to prevent the state from imposing early pregnancy bans that would effectively destroy the right.

Applying this framework, Texas’s statute was unconstitutional because it was essentially a near-total ban. It prohibited abortions even early in pregnancy when the woman’s privacy interest was at its strongest, and it did not provide a constitutionally acceptable structure for balancing the competing state interests as pregnancy advanced.

In future cases, Roe became the central abortion decision for decades. Over time, later cases modified Roe’s analytic structure and the trimester framework, culminating in Casey, which replaced the trimester approach with the undue burden standard.

Holding

The Court held that Texas’s abortion statute was unconstitutional. The Constitution protects a woman’s right to choose an abortion before viability, and Texas’s near-total ban violated that constitutional right.

Court

The case was decided by the United States Supreme Court. Roe challenged a Texas abortion prohibition, and the Court invalidated it, recognizing a constitutional abortion right under substantive due process.

Exam Notes

  1. Abortion recognized as part of privacy / substantive due process

  2. State interests: maternal health + potential life

  3. Creates Roe’s trimester framework

  4. Viability marks a major constitutional dividing line

  5. Post-viability: state may prohibit with life/health exception

  6. Important for tracing abortion doctrine history

  7. Casey later replaces trimester framework with undue burden

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