Title: Roe v. Wade (Decision January 22, 1973) | Subscript Law
Headings: Roe v. Wade (Decision January 22, 1973)
The celebrated and despised Supreme Court case on abortion
The case
Regulation vs. Liberty
The Supreme Court ruling on Roe v. Wade
What else did the decision say?
The controversy over the due process clause
Years later: Jane Roe’s Change of Heart
The future – changes in medical science
More Information about Roe vs Wade
Roe v. Wade (Decision January 22, 1973)
About the Author
Mariam Morshedi
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Content: That point is the “point of viability” – when the fetus could survive on its own outside of the womb. After the point of viability, the state’s interest in protecting the fetus outweighs the woman’s choice to terminate her pregnancy. After the point of viability, the Court ruled, a state can prohibit women from getting abortions. What else did the decision say? The Supreme Court added that a state might regulate abortion based on reasons other than the concern for prenatal life. The Supreme Court said the state could justify abortion regulation based on the concern for a woman’s health, just not before the end of the first trimester. The controversy over the due process clause
McCorvey (Roe) based her argument on the word “liberty” contained in the due process clauses of the Constitution’s 5th and the 14th Amendments. The due process clause says that no person can be deprived of “life, liberty, or property, without due process of law.” McCorvey’s use of the due process clause to guarantee her the right to an abortion highlights a controversy in legal jurisprudence. Note the word “process” in the clause.