Roe V. Wade

Roe v. Wade

(410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 1973)

Facts: Texas enacted a law that made it illegal to procure an abortion, unless, pursuant to medical advice, given to save the life of the mother. Jane Roe was an unmarried, pregnant woman. She was unable to get a lawful abortion in Texas because her life was not endanger by the continuation of her pregnancy.

Issue:Whether a pregnant woman has a constitutional right to terminate the pregnancy; and whether the state interests in protecting life are justified under strict scrutiny that the 14th Amend demands?

Legal Reasoning: According to the court, the right of privacy under the 14th Amendment is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The court further ruled that the right of the woman is not absolute. The state can regulate the woman's actions in cases where the law serves a "compelling state interest". Therefore, in the end, the court ruled that in the initial stages of the pregnancy (before the end of the first trimester) the woman and her physician are free to make their choice about abortion