Effect of the Roe v. Wade decision:
All state laws limiting women's access to abortions during the first trimester of pregnancy were invalidated by Roe v. Wade. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the United States, which was not legal at all in many states and was limited by law in others.
Basis of the Roe v. Wade decision:
The lower court's decision in this case was that the Ninth Amendment, a part of the Bill of Rights, in stating that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," protected a person's right to privacy. The Supreme Court chose to base its decision on the Fourteenth Amendment. Roe v. Wade was decided primarily on the Due Process Clause of the Fourteenth Amendment to the United States Constitution. A criminal statute that did not take into account the stage of pregnancy or other interests than the life of the mother was deemed a violation of Due Process.
Acceptable government regulation according to Roe v. Wade:
Different rules at different stages of pregnancy were considered appropriate:
In the first trimester, the state (that is, any government) could treat abortion only as a medical decision, leaving medical judgment to the woman's physician.
In the second trimester (before viability), the state's interest was seen as legitimate when it was protecting the health of the mother.
After viability of the fetus (the likely ability of the fetus to be able to survive outside and separated from the uterus), the potential of human life could be considered as a legitimate state interest, and the state could choose to "regulate, or even proscribe abortion" as long as the life and health of the mother was protected.