Roe v. Wade (1973)
The Court ruled that the states were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the third trimester. Even then, an exception had to be made to protect the life of the mother.
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In a 7-2 decision written by Justice Harry Blackmun (who was chosen because of his prior experience as counsel to the Mayo Clinic), the Court ruled that the Texas statute violated Jane Roe's constitutional right to privacy.
The Court argued that the Constitution's First, Fourth, Ninth, and Fourteenth Amendments protect an individual's "zone of privacy" against state laws and cited past cases ruling that marriage, contraception, and child rearing are activities covered in this "zone of privacy." The Court then argued that the "zone of privacy" was "broad enough to encompass a woman's decision whether or not to terminate her pregnancy." This decision involved myriad physical, psychological, and economic stresses a pregnant woman must face.
Because abortions lie within a pregnant woman's "zone of privacy," the abortion decision "and its effectuation" are fundamental rights that are protected by the Constitution from regulation by the states...
However, the Court ruled that narrower state laws regulating abortion might be sufficiently important to be constitutional. For example, because the medical community finds that the human fetus might be "viable" ("capable of meaningful life") outside the mother's womb after six months of growth, a state might constitutionally protect a fetus from abortions in the third trimester of pregnancy, as long as it permitted an exception to save the life of the mother. Additionally, because second- and third-trimester abortions present more health risks to the mother, the state might regulate certain aspects of abortions related to maternal health after three months of pregnancy. In the first trimester, however, a state's interests in regulating abortions can never be found "important" enough. Such abortions are thus exclusively for the patient and her doctor to govern.
The Supreme Court . Expanding Civil Rights . Landmark Cases . Roe v. Wade (1973) | PBS