Roe v. Wade

1973 U.S. Supreme Court decision that overturned many laws throughout the United states prohibiting abortion. The court’s decision was based on a "right of privacy" interpretation of the 14^th amendment, and maintained that abortion is essentially a medical decision to be made by the physician and patient. The court balanced the woman’s interests in deciding to bear a child with the state’s interest in protecting her health and in protecting fetal life. The court ruled that the fetus was considered only a potential person but not a person with legal rights under the constitution. The decision provided a legislative-like schema that prohibits the states from passing legislation that will restrict a woman’s access to abortion during either the first or second trimester, except that regulation of second trimester abortions is permissible if the intention is to protect the woman’s health. States may, if they choose, prohibit all abortions after the fetus becomes viable (viability being a medical determination), except those intended to safeguard the woman’s life and health. [Source: 410 U.S. 959 (1973).]

Principles & Concepts: autonomy, personhood, human dignity, human rights, right to life, justice.

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