Roe v Wade

Roe v. Wade, 410 U.S. 113 (1973), a landmark case decided by the United States Supreme Court on the issue of abortion, is one of the most controversial and politically significant cases in U.S. Supreme Court history.

The Court held that a woman may abort her pregnancy for any reason, up until the “point at which the fetus becomes ‘viable.’” The Court defined viability as the potential “to live outside the mother’s womb, albeit with artificial aid,” adding that viability “is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks.” The Court said that, after viability, abortion must be available when needed to protect a woman’s health, as defined in the companion case of Doe v. Bolton.The Court rested these conclusions on a constitutional right to privacy emanating from the Due Process Clause of the Fourteenth Amendment, also known as substantive due process.

In disallowing many state and federal restrictions on abortion in the United States, Roe v. Wade prompted a national debate that continues today, about issues including whether and to what extent abortion should be legal, who should decide the legality of abortion, what methods the Supreme Court should use in constitutional adjudication, and what the role should be of religious and moral views in the political sphere. Roe v. Wade reshaped national politics, dividing much of the nation into pro-Roe (mostly pro-choice) and anti-Roe (mostly pro-life) camps, while activating grassroots movements on both sides.