Roe vs Wade: A Case That Changed America
Image source: Pexels.com
Hi there, welcome to my blog! Today I want to talk about a very important and controversial topic: the Roe vs Wade case. You may have heard of it, but do you know what it is and why it matters? In this post, I will explain the basics of the case, its impact on abortion rights in the US, and my personal opinion on the issue. Let’s get started!
What is Roe vs Wade?
Roe vs Wade is the name of the lawsuit that led to the landmark 1973 U.S. Supreme Court decision establishing a constitutional right to abortion in the United States. The majority opinion found an absolute right to abortion during the first trimester of pregnancy, and a limited right to abortion during the second and third trimesters, depending on the state’s interest in protecting the health of the woman and the potential life of the fetus.
The case was brought by Norma McCorvey, a Texas woman who used the pseudonym Jane Roe to protect her identity. She wanted to terminate an unwanted pregnancy, but Texas law prohibited abortion except when necessary to save the woman’s life. She sued the state, claiming that the law violated her right to privacy under the 14th Amendment to the Constitution. The defendant was Henry Wade, the district attorney of Dallas County, who defended the state’s law.
The case went through several courts, until it reached the Supreme Court, which heard oral arguments in 1971 and 1972. The Court issued its ruling on January 22, 1973, with a 7-2 majority. The opinion was written by Justice Harry Blackmun, who argued that the right to privacy included the right to abortion, and that the state could not interfere with that right unless it had a compelling reason to do so. The Court also established a trimester framework, which divided pregnancy into three stages, and gave different levels of protection to the woman’s right and the state’s interest in each stage.
The Trimester Framework
The trimester framework was a way of balancing the rights and interests of the woman and the state in relation to abortion. It was based on the idea that the state’s interest in protecting the potential life of the fetus increased as the pregnancy progressed, while the woman’s right to abortion decreased. The framework divided pregnancy into three trimesters, each lasting about 13 weeks, and assigned different levels of protection to each one.
- First trimester: The Court held that the woman had an absolute right to abortion during the first trimester, and that the state could not regulate or restrict it in any way. The Court reasoned that abortion was safer than childbirth during this period, and that the fetus was not yet viable, meaning that it could not survive outside the womb.
- Second trimester: The Court held that the woman still had a right to abortion during the second trimester, but that the state could regulate it in the interest of protecting the woman’s health. The Court reasoned that abortion became more risky as the pregnancy advanced, and that the state had a legitimate interest in ensuring the safety of the procedure.
- Third trimester: The Court held that the woman’s right to abortion was outweighed by the state’s interest in protecting the potential life of the fetus during the third trimester, and that the state could prohibit abortion except when necessary to preserve the life or health of the woman. The Court reasoned that the fetus became viable during this period, meaning that it could survive outside the womb, and that the state had a compelling interest in protecting its life.
What is the impact of Roe vs Wade?
Roe vs Wade was a historic decision that effectively legalized abortion across the United States. Before Roe, abortion was illegal in most states, and women had to resort to unsafe and illegal methods to end their pregnancies, risking their lives and health. After Roe, women gained the freedom to choose whether to continue or terminate their pregnancies, without fear of criminal prosecution or stigma. Abortion became a safe and common medical procedure, and millions of women benefited from it.
However, Roe vs Wade also sparked a fierce backlash from the anti-abortion movement, which opposed the decision on moral, religious, and political grounds. The movement mobilized to challenge and undermine Roe, by passing laws and regulations that restricted access to abortion, by protesting and harassing abortion providers and patients, and by appointing conservative judges who would overturn Roe. The movement also influenced public opinion, creating a polarized and divisive debate on abortion that persists to this day.
Since Roe, the Supreme Court has heard several cases that have modified and limited the scope of the decision. For example, in 1980, the Court upheld a law that banned the use of federal funds for abortion except when necessary to save the woman’s life. Then in 1989, it allowed states to prohibit abortions being carried out in state clinics, or by state employees. The biggest impact came from the Court’s ruling in Planned Parenthood v Casey in 1992, which upheld the core holding of Roe, but replaced the trimester framework with a new standard: the undue burden test. This test allowed states to regulate abortion before viability, as long as they did not impose an undue burden on the woman’s right to abortion. This opened the door for more state restrictions, such as waiting periods, parental consent, informed consent, and mandatory ultrasounds.
The most recent and dramatic development came on June 24, 2022, when the Supreme Court overturned Roe vs Wade, holding that there was no longer a federal constitutional right to abortion. The Court turned over the power to regulate abortion – or ban it outright – to individual states. This decision had a huge impact on the lives of millions of women and the political landscape of the country. Thirteen states had passed “trigger bills” that enabled them to begin the process of banning abortion immediately after the decision. A year on, 14 states have enacted near-total bans from the moment of conception, while another five states have introduced bans after 12-20 weeks gestation. This means that about 22 million women of reproductive age live in a state that has banned abortion, representing about a third of the total childbearing population. On the other hand, some progressive states have introduced stronger legal protections for abortion rights, creating a patchwork of laws that vary widely depending on where a woman lives.
The Consequences of Banning Abortion
Banning abortion does not stop abortion, it only makes it more dangerous and deadly. When abortion is illegal, women have to resort to unsafe and clandestine methods, such as self-induced abortion, untrained providers, or traveling to other countries. These methods can result in serious complications, such as infection, hemorrhage, perforation, infertility, or death. According to the World Health Organization, about 25 million unsafe abortions occur every year, and about 7 million women are hospitalized due to complications. Unsafe abortion is also one of the leading causes of maternal mortality, accounting for about 13% of all maternal deaths worldwide.
Banning abortion also violates the human rights of women, who are forced to carry unwanted or risky pregnancies against their will. This can have devastating effects on their physical, mental, and social well-being, as well as their education, career, and family. Women who are denied abortion may face poverty, domestic violence, stigma, or abandonment. They may also suffer from depression, anxiety, or post-traumatic stress disorder. Moreover, banning abortion disproportionately affects the most vulnerable and marginalized women, such as those who are poor, young, rural, or of color, who have less access to information, services, and resources.
Banning abortion also harms the children who are born as a result of unwanted pregnancies, who may face neglect, abuse, or abandonment. They may also suffer from poor health, malnutrition, or developmental delays. They may also have lower educational attainment, lower income, and lower quality of life. Furthermore, banning abortion contributes to overpopulation, environmental degradation, and social unrest, as more people compete for scarce resources and opportunities.
What is my opinion on Roe vs Wade?
As you can see, Roe vs Wade is a complex and controversial case that has shaped the history and politics of abortion in the US. It has given women the right to control their own bodies and destinies, but it has also faced constant attacks and challenges from those who oppose it. It has been a source of hope and empowerment for some, and a source of anger and frustration for others. It has been a landmark of judicial activism and a target of judicial conservatism. It has been a symbol of freedom and a symbol of murder.
So, what do I think of Roe vs Wade? Well, I think it was a good decision that should not have been overturned. I believe that abortion is a personal and private matter that should be left to the woman and her doctor, not the government or anyone else. I believe that women have the right to choose what to do with their own bodies, and that no one should force them to carry a pregnancy they do not want or cannot afford. I believe that abortion is a safe and legal medical procedure that should be accessible and affordable to all women who need it, regardless of where they live or how much they earn. I believe that abortion is a moral and ethical decision that each woman must make for herself, according to her own conscience and beliefs, not someone else’s.
I also think that Roe vs Wade was not perfect, and that it could have been improved and clarified over time. I think that the Court could have done a better job of explaining the basis and scope of the right to abortion, and of balancing the interests of the woman and the state.
0