Roe v. Wade
The landmark ruling Roe v. Wade (410 U.S. 113) was the landmark United States Supreme Court decision in 1973 that recognized that a woman's constitutional right to privacy includes personal decisions about a pregnancy. The 7-2 decision that struck down the State of Texas's criminal abortion laws did have an immediate and profound effect on the lives and health of American women.
Before Roe v. Wade
Constitutional Developments
The Ruling
Since Roe v. Wade
Under Attack
Get Involved
Before Roe v. Wade
- With the exception to save a woman’s life, abortion was banned in nearly two-thirds of the states.
- Illegal abortions carried the following risks: dangerous locations; whiskey as an anesthetic; marginal or unlicensed doctors as practitioners; unsanitary conditions; incompetent treatment; infection; hemorrhage; disfiguration; and/or death.
- Despite these known hazards, an estimated 1.2 million women each year resorted to illegal abortion.
- An estimated 5,000 to 10,000 women died annually following illegal abortions. Many others suffered severe physical and psychological injury.
Constitutional Developments
- Two cases helped establish important aspects of the right of privacy: Griswold v. Connecticut (1965) and Eisenstadt v. Baird (1972).
- In each case, the Supreme Court held that state laws that criminalized or hindered the use of contraception violated to right to privacy.
- In finding that the constitutional right to privacy encompasses a woman's right to choose whether or not to continue a pregnancy, the Supreme Court continued a long line of decisions recognizing a right of privacy that protects personal decisions -- including those affecting child-rearing, marriage, procreation and the use of contraception -- from governmental interference.
The Ruling
- On January 22, 1973, the Supreme Court handed down its decision in Roe v. Wade, ruling that a woman's right to terminate a pregnancy is encompassed in the constitution's protection of individual autonomy and privacy.
- Based in large part upon the cases of Griswold v. Connecticut and Eisenstadt v. Baird, the Court decided that a woman's decision whether or not to continue a pregnancy is encompassed in her fundamental right to privacy.
- The Court held that a woman has the right to choose abortion until fetal viability, but that the state’s interest generally outweighs the woman’s right after that point. Accordingly, after viability – the time at which a fetus can survive outside the woman’s body – the state may restrict abortion but all restrictions must include a woman's right to have an abortion to protect her health and life.
In the 30 years since Roe v. Wade
- The Supreme Court has observed that the ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives. Indeed, the variety and level of women’s achievements have reached unprecedented heights.
Under Attack
- In 1992, the Court reaffirmed Roe in Planned Parenthood of Southeastern Pennsylvania v. Casey, but sharply restricted its protections. It revoked its definition of that abortion right as "fundamental." The court constructed a new standard of review that allows restrictions on abortion prior to fetal viability so long as they do not constitute an "undue burden" to the woman. Over 300 criminal abortion restrictions have been enacted by legislatures since Casey, none of which would have been constitutional under the original Roe decision.
- In June 2000, in Stenberg v. Carhart, Nebraska’s “partial birth” abortion ban was found unconstitutional because it fails to include an exception to preserve the health of the woman.
- Some Supreme Court Justices appear perilously close to retirement. Four justices are over 70, and three of the four oldest members of the Court are part of the narrow five-justice pro-choice majority. The extent of the impact of any retirement depends upon which justice retires, and the views held by his or her replacement.
- President Bush is poised to appoint an anti-choice extremist to the Supreme Court.
- State legislators are steadily passing legislation, laying the groundwork for the Supreme Court case that could reverse Roe v. Wade.
Get Involved
- Support NARAL Pro-Choice Washington’s mission to uphold Roe v. Wade and maintain a woman’s right to choose by clicking here.
- Learn what else you can do to help protect reproductive rights by clicking here.
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