Roe v. Wade


Jane Roe (Norma McCorvey) v. Henry Wade, representing the State of Texas--1973



The most significant case for abortion rights, Roe v. Wade challenged a Texas law that prohibited all abortions, except those needed to save a woman�s life.Jan Roe was an alias for Norma McCorvey, a pregnant woman charged with having an abortion.

 

The Supreme Court invalidated this anti-abortion law because of the constitutional �right to privacy� (as taken from either the 14th Amendment or 9th Amendment, both protecting the rights and privileges of citizens).The court said �privacy� encompasses a woman's decision whether or not to terminate her pregnancy.Characterizing this right as "fundamental" to a woman's "life and future," the Court held that the state could not interfere with the abortion decision unless it had a compelling, or very good reason to do so.Protecting the potential life of the fetus could be considered a compelling reason, only once it became "viable."Even after viability, a woman had to have access to an abortion if it were necessary to preserve her life or health. Roe v. Wade made abortion legal across the country.