Leaked draft of US Supreme Court decision suggests that the country’s highest court may be ready to overturn the constitutional right to abortion, allowing individual states to further regulate or even ban the procedure.
‘Roe v. Wade’ is related to?
Roe v. Wade is the name of the lawsuit that led to the landmark 1973 US Supreme Court decision that established the constitutional right to abortion in the United States. The majority opinion found an absolute right to abortion during the first trimester of pregnancy.
Who were Roe and Wade?
Jane Roe was a pseudonym for Norma McCorvey, She was 22, unmarried, unemployed and pregnant for the third time in 1969 when she sought an abortion in Texas. By the time the US Supreme Court ruled in her favor, McCorvey had given birth to a girl she had put up for adoption.
Henry Wade was the District Attorney for Dallas County, Texas. It was her job to enforce a state law prohibiting abortion in addition to saving a woman’s life, so McCorvey sued when she was seeking an abortion.
After her death, biographer Joshua Prager stated that McCorvey made a living giving speeches and writing books on both sides of the abortion debate and was coached by both sides. She had conflicting feelings about each, she said, but was consistent on one point: supporting abortion during the first trimester.
What judgment did the court give in 1973?
The plaintiffs alleged that the Texas law was unconstitutionally vague and violated a constitutionally protected right to personal privacy. The question before the US Supreme Court was: Does the Constitution recognize a woman’s right to terminate a woman’s pregnancy through abortion?
Justice Harry Blackmun gave the opinion for a 7-2 majority, finding that it was in fact – although that protection had to be balanced against the government’s interests in protecting women’s health and the “capacity of human life”. The conservative-leaning court held that a woman’s decision to have an abortion during the first three months of pregnancy should be left to her and her doctor.
What Was the Pre-Ro Landscape in America?
At the time of Roe, abortion was widely legal in only four states. and 16 others have been permitted under limited circumstances. Constitutional rights trump state laws, so the court’s decision struck down restrictions in the remaining 30 states. But it allowed states to introduce certain rules during the second trimester to protect the health of the woman and take steps to protect the life of the fetus in the third trimester.
How did subsequent rulings change abortion rights in America?
Blackmun was in court in 1992 when he heard Planned Parenthood v. Casey, a challenge to Pennsylvania abortion laws that included a 24-hour waiting period. The conservative-leaning court unexpectedly upheld abortion rights—as well as making it easier for states to enforce the rules.
Three Conservative judges – Sandra Day O’Connor, Anthony M. Kennedy and David H. Souter – co-authoring the court’s main opinion in a 5-4 decision: “A woman’s right to terminate her pregnancy before feasibility is most central to the principle of Roe v. Wade. It is the rule of law and liberty.” There is a component of that which we cannot discard.
Neither side was happy with the decision on the issue of abortion. Since then, conservative states have been decimating abortion rights with laws that have led to many more court challenges, including a recent Texas law that bans most abortions after about six weeks.,
What’s this new case set to drop RAW?
Dobbs v Jackson Women’s Health Organization. It challenges Mississippi’s ban on abortion after 15 weeks,
Upholding that ban would hurt both Roe and Casey, which allows states to regulate — but not ban — abortions up to the point of embryo viability at about 24 weeks. The decision, according to the draft, would result in a patchwork of abortion lawsSome states protect abortion and others outright ban it.