Roe vs Wade
410 U.S. 113 (1973)
Case Summary
[Abortion Laws]
Facts
Norma McCorvey (“Jane Roe”) challenged Texas’s abortion laws. Roe, a pregnant woman, sought an abortion but was denied under Texas law. Roe argued that the laws infringed upon her right to privacy.
Issue
Does the Constitution protect a woman’s right to choose an abortion?
Rationale
1. Right to Privacy: The Court recognized a constitutional right to privacy
2. Fundamental Rights: Abortion deemed a fundamental right.
3. Balancing Test: Court weighed state interests against individual rights
Judgement
Justice Harry Blackmun (majority opinion):
“This right of privacy… is broad enough to encompass a woman’s decision whether or o not to terminate her pregnancy. Dissenting Opinions:
Justices Byron White and William Rehnquist argued that the Court overstepped its authority.
Consequences
1. Overturned state abortion bans.
2. Established abortion as a constitutional right.
3. Sparked ongoing debate and controversy.
Maihar Sundaram Singh
Commentaires