The Case of Roe vs. Wade

The court case of Roe vs. Wade was a historic and famously complicated case. Before the 1970’s, most states severely prohibited abortions. In the 1960s, there was no federal law on abortions, so many states had banned the practice entirely, though many allowed it in cases where it was dangerous for the mother. Feminist groups had long protested against these state laws for several reasons. Groups like NOW argued that the illegalization of the procedure lead to black market abortions performed by unlicenced doctors, or performed by themselves. Both of these options had dangerous consequences for the women. If a person preferred neither option, they had to pay for a flight to a place where the procedure could be done legally, and then had to pay for the surgery themselves. Few women could afford this luxury, so most were forced to resort to the former.

The court case began in Dallas, Texas, where any type of abortion was banned unless the mother was in danger. In 1970, two female University of Texas law students brought a lawsuit on behalf of Norma L. McCorvey (under the pseudonym "Jane Roe"). The women argued that the Texas law criminalizing abortions was in violation of Roe’s basic human rights. Like many women, Roe argued that although her life was not endangered, she could not afford to travel out of state and had the right to terminate her pregnancy in a safe and clean medical facility. The suit was filed against Henry Wade, a Dallas district attorney, where it first appeared in Texas federal court. The texas court system ruled that the law violated the constitution. Wade then brought the case to the U.S. Supreme Court. Through 1971-1972 the case was reviewed and finally a decision was made in 1973 to strike down the Texas law. The Supreme Court ruled that the law violated Roe’s “right to privacy” which she was allowed in the First, Fourth, Ninth, and Fourteenth Amendments. In addition, the court ruled that no state could restrict abortions during the first 3 months of pregnancy. Women’s and Feminist groups were overjoyed at the ruling, however, many others were not. Opinions on the law differ widely due to the matter of faith, and the fact that the issue holds significance to different religions. The issues that the law brought forward are still some of the most highly debated topics in American politics, and will likely continue to be.