Title: What was the US Supreme Court's decision in Roe v. Wade? - Answers
Headings: What was the US Supreme Court's decision in Roe v. Wade
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What was the US Supreme Court's decision in Roe v. Wade?
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Content: The United States Supreme Court found that such a restrictive statute violated the 14th Amendment Due Process Clause and that states could exercise varying degrees of discretion in regulating abortion, depending upon the stage of pregnancy. The Court also held the law violated the liberty right to privacy under substantive due process, based on the precedent set in Griswold v. Connecticut, (1965). Privacy rights are inferred from the First, Third, Fourth, Fifth and Ninth Amendments. During approximately the first trimester, states could not limit the right to abortion--that was to be left to the "medical judgment of the pregnant woman's attending physician." From the end of the first trimester to viability, the state could "regulate abortion in ways that are reasonably related to maternal health". After viability, the state could regulate--or even prohibit--abortion except where necessary to preserve the life or health of the mother. It is important to note, however, that the Supreme Court ruling only placed a limit upon the regulations a state could impose--it did not impose any regulations itself. If Roe v. Wade were reversed, it wouldn't mean that abortion was illegal--it would mean that if states so chose, they could MAKE abortion illegal. Case Citation: Roe v. Wade, 410 U.S. 113 (1973)
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