Roe v. Wade: What is it and What Does it Mean?

Roe v. Wade is a Supreme Court case from 1973 that created a landmark decision involving the issue of abortion. The majority opinion was written by then-Justice Harry Blackmun, who found that women have a constitutional right to privacy as it relates to their reproductive choices. The Court also found that this right extends to a woman’s decision to have an abortion. The ruling revolutionized the landscape of abortion in the United States and has been met with both praise and criticism.

History of the Case

The Roe v. Wade case was filed in 1971 by Jane Roe (the pseudonym used by plaintiff Norma McCorvey) against Dallas County District Attorney Henry Wade. McCorvey was a pregnant Texas woman who desperately wanted an abortion but was unable to legally obtain one in the state. She sought an injunction against the Texas criminal law prohibiting abortion except in cases of medical necessity. Though the case was originally dismissed, it worked its way up to the Supreme Court, where in 1973 the Court voted 7-2 in favor of overturning the Texas law and recognizing a woman’s constitutional right to privacy with regards to her reproductive health and choices.

The Majority Opinion

The Court’s majority opinion declared that the Ninth and Fourteenth Amendments protected the right of personal privacy and liberty, which includes a woman’s right to choose whether to have an abortion. Justice Blackmun wrote in the majority opinion: “[The Texas law] further defies the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.”

The Court acknowledged that though the Constitution does not explicitly mention a right to privacy, the Ninth Amendment states that “the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people”. Thus, the Court ruled in favor of McCorvey, stating that a woman’s right to privacy guarantees her the right to make the reproductive decision of whether to continue or terminate a pregnancy.

The Legacy of Roe v. Wade

Since the ruling of Roe v. Wade, the right to an abortion has been strongly protected by the Supreme Court. However, Roe v. Wade has been met with both celebration and criticism. Pro-choice advocates often point to the landmark ruling as a monumental victory that has helped to protect the reproductive rights of women. On the other hand, pro-life advocates have long argued that the decision goes against states’ rights and natural law, claiming that it has resulted in a now-accepted “culture of death” in America.

Regardless of one’s views on the matter, there is no denying the influence that Roe v. Wade has had on the national and global discourse related to reproductive rights. The decision continues to spark debate and has shaped the legal landscape all these years later.