Abortion remains a controversial topic that has drawn significant attention from politicians, academics, and the public. Throughout the years, this act was illegal; however, it is not until the 1973 landmark supreme court ruling that abortion was made legal.

The abortion supreme court ruling of 1973 is popularly known as the Roe vs Wade case. Jane Roe, a fictitious name given to the plaintiff, instituted a lawsuit against the district attorney of Dallas, Henry Wade. At the time, Jane Roe lived in Dallas, and the lawsuit challenged the Texas law that made abortion unless given by a doctor’s order illegal. This legal lawsuit argued that the state laws were vague and infringed on the plaintiff’s right to privacy.

During this ruling, the supreme court opposed the state’s move to regulate abortion as it infringed on women’s privacy rights. The supreme court also noted that only a compelling state interest justified state regulations that limit fundamental rights like privacy. The court pointed out that a fetus can only have meaningful life outside its mother’s womb after twenty-four weeks of pregnancy. Therefore, state laws can only regulate abortion after a fetus is twenty-four weeks old (Ginsburg, 1984). This ruling created a balance between the state interest in regulating abortion and individual right to privacy.

This case recognized a woman’s right to terminate a pregnancy through abortion as it falls under the right to privacy as mandated in the fourteenth amendment. The ruling also recognized the government’s interest in protecting potential life. Overall, this historical ruling s directed that only the pregnant woman and the attending physician can make decisions about abortion within the first trimester of pregnancy. In the second trimester of pregnancy, the state can only implement abortion regulations in instances related to maternal health. In the third trimester, the fetus reaches a point of viability; hence, the state has full rights to regulate or completely prohibit abortion unless the woman’s life is at risk.

Reference

Ginsburg, R. B. (1984). Some thoughts on autonomy and equality in relation to Roe v. Wade. NCL Rev., 63, 375.