Argued December 13, 1971 Reargued October 11, 1972 Decided January 22, 1973 Overturned June 24, 2022 | |
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Full case name | Jane Roe, et al. v. Henry Wade, District Attorney of Dallas County |
Citation | 410 U.S. 113 (1973) |
Decision | |
State laws that make abortions illegal violate women's due process rights | |
Case opinions | |
Majority | Justice Blackmun, joined by Justices Burger, Douglas, Brennan, Stewart, Marshall, & Powell |
Concurring | Justices Burger, Douglas, & Stewart |
Dissenting | Justices White and Rehnquist |
Laws applied | |
14th Amendment; Texas Code of Criminal Procedure, Articles 1191-94, 1196 | |
Roe v. Wade was a 1973 landmark decision by the US Supreme Court that ruled that a state law that banned abortion was unconstitutional.[1] The decision said that a woman's right to privacy extended to the fetus that she was carrying. The court viewed that during the first three months (trimester) an abortion was no more dangerous than carrying the fetus to full term.[2] The 7-2 decision was supported by Chief Justice Warren E. Burger and six other Justices and was opposed by Justices William Rehnquist and Byron White.[3]
The decision divided the United States into pro-life and pro-choice camps and is still controversial. Pro-life supporters argue that the unborn baby has the same right to life as other people and that the government should intervene to protect it. Pro-choice supporters believe that the unborn baby is not the same as a person, that the woman has the right to choose what she wants to do with her body and that the government should not intervene.
Roe v. Wade was limited by a later decision, Webster v. Reproductive Health Services (1989), which allowed the regulation of abortion in some cases. Several states have considered laws banning abortions altogether.[4]
In May 2022, a draft of the Supreme Court's decision to overrule Roe v. Wade was leaked to the media.[5] On June 24, 2022, the Supreme Court overturned Roe v. Wade.[6]
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