Introduction
The Supreme Court’s decisions have great importance in legal practice and often become precedents determining how future cases are to be decided. This paper will discuss Roe v. Wade, a Supreme Court decision that legalized abortion in the US. This ruling had significant ramifications for the country since it relieved a burden on women, related to the consequences of unwanted pregnancy, and established a precedent.
Background
Roe v. Wade was a class action brought by Jane Roe against a Texas law that prohibited abortion in all cases except those in which abortion was necessary to save a woman’s life. The key people in the case were the appellant Jane Roe, which was a pseudonym of Norma McCorvey, and Henry Wade, the district attorney of Dallas County, Texas (Oyez n.d.). The case was decided by the Supreme Court in 1973, and it was based mostly upon the Fourteenth Amendment. The plaintiff alleged that the Texas law prohibiting abortions violated her right to privacy (Oyez n.d.). In this case, the right to privacy meant the ability of a woman to choose whether to make an abortion.
The Court’s Decision
The case was heard by Chief Justice Burger and eight associate justices. They delivered a 7-2 decision, according to which women were vested with a constitutional right to make an abortion before the fetus reached the point of viability (Oyez n.d.). Although the District Court in Texas ruled that the Texas law prohibiting abortion was “vague and overbroadly infringing those plaintiffs’ Ninth and Fourteenth Amendment rights,” the judges did not grant injunctive relief to cease the enforcement of the law (Roe v. Wade 1973, 113). Therefore, the case was appealed to the Supreme Court, which agreed with the District Court’s ruling and legalized abortion in the US.
This Supreme Court decision was not based on a precedent. Prior to Roe v. Wade, each state had a right to enact its own laws regarding abortion, and these laws mostly criminalized women willing to get rid of unwanted pregnancies (Weiner 2016). Therefore, the Supreme Court’s ruling became itself a precedent for future cases involving the question of whether a woman has the right to make an abortion.
The Effect of the Decision
The Supreme Court decision in Roe v. Wade has had a significant influence on the lives of American women. Although abortion was criminalized prior to this ruling, it did not prevent women from undergoing this procedure. Instead, they turned to doctors who were ready to perform an illegal abortion, which resulted in the deaths of about 5,000 women per year (NARAL Pro-Choice America 2017). When abortion was legalized as a consequence of this decision, the safety of this procedure increased considerably, and the number of deaths decreased (NARAL Pro-Choice America 2017). Thus, this Supreme Court decision was beneficial for the well-being of women.
As for the effect of this ruling on my life, I feel much safer in my country when I know that women here have the right to terminate an unplanned pregnancy. I believe that this right allows women to avoid missing their education and career opportunities, as well as raising an unwanted child if she was raped. This ruling also benefits men who feel unprepared to become fathers, as well as children who risk being sent to an orphanage or raised by parents who do not love them.
Yet, the decision is in danger of being overturned today. Currently, the Supreme Court is preparing to hear the case challenging the Louisiana law that significantly restricts the number of doctors permitted to perform abortions (Stolberg 2020). The consequence of enacting this law would be considerably restricted access to abortion. Over 200 Republican members of Congress want the Supreme Court to support this law, which will lead to the overturning of the Roe v. Wade decision (Stolberg 2020). Trump is an opponent of abortion since his 2016 campaign included a promise to appoint judges who would decide cases in favor of the prohibition of abortion (Stolberg 2020). Therefore, his reelection is likely to negatively affect the precedent established by Roe v. Wade and lead to its overturning.
The Justices’ Arguments
In the majority decision in Roe v. Wade, the Justices tried to reconcile a woman’s right to privacy and the state’s interest in potential human lives. They stated that “the right of personal privacy includes the abortion decision, but… this right is not unqualified” (Roe v. Wade 1973, 154). Therefore, they divided pregnancy into three trimesters and ruled that women are free to choose abortion only in the first trimester (Oyez n.d.). Yet, “the pregnant woman cannot be isolated in her privacy,” which is why the state may entirely prohibit abortions in the third trimester when a fetus is viable (Roe v. Wade 1973, 159). The dissenting opinion of Justice Rehnquist is summarized in his statement: “Liberty is not guaranteed absolutely against deprivation, only against deprivation without due process of law” (Roe v. Wade 1973, 173). Justice Rehnquist disagreed with the majority opinion because he believed that the court defined liberty too broadly and equated it to the right to make any choice. In their opinions, the justices covered the rights of women and the interests of the state but omitted the explanation of why unborn children should or should not possess their human rights.
Conclusion
Roe v. Wade was an important Supreme Court decision that allowed women to make a legal abortion. Although the case established a precedent, it risks being overturned, especially if Trump is re-elected. The possible reason for this is that the question of abortion is controversial since it evolves into an unresolved matter of whether a fetus should possess human rights, and at which point it should be vested with these rights.
References
NARAL Pro-Choice America. 2017. Roe v. Wade and the Right to Choose.
Oyez. n.d. “Roe v. Wade.” Web.
Roe v. Wade, 410 U.S. 113 (1973).
Stolberg, Sheryl Gay. 2020. “More Than 200 Republicans Urge Supreme Court to Weigh Overturning Roe v. Wade.” The New York Times. Web.
Weiner, Merle H. 2016. Roe v Wade Case (US). Web.