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Background Information (add to this)

Roe v. Wade was a 1973 court case in the United States. The Supreme Court ruled that certain state restrictions on abortion were unjustified and incompatible with the Constitution. The Court argued that many Texas legislation that criminalized abortion several times violated women’s constitutional right to privacy (Wade, 2017). Based on the Due Process Clause of the Fourteenth Amendment’s Liberty Clause, the Supreme Court identified this legislation as having a connection to the freedom guarantee of the Fourteenth Amendment.

This provision declares that “…nor shall any state deprive any person of life, liberty or property, without due process of law” (Coen-Sanchez et al., 2020). On June 24, 2022, the Supreme Court overturned Roe v. Wade based on these facts. The first verdict in Roe vs. Wade overturned several state and federal abortion regulations, culminating in lengthy national disputes over whether abortion should be considered legal and to what degree it should be permitted.

Similarly, there have been discussions on who is obligated to evaluate the legality of the procedure and the role of religious and moral perspectives from a political standpoint (Adkins, 2017). In addition, there were discussions over the methodology the Supreme Court should have utilized when conducting constitutional arbitration.
Roe vs. Wade was filed in 1969 by Norma McCorvey, better known as “Jane Roe,” when she was pregnant and desired an abortion.

However, as a resident of Texas, she was prohibited by law from performing an abortion. Except in cases when it is judged necessary to preserve the mother’s life, Texas has made abortion illegal. Henry Wade, the local district attorney, was sued by Roe. She asserted that the Texas abortion laws violated the Constitution (Ziegler, 2018). In this case, the Northern U.S. District Court decided in favor of Roe, triggering an appeal to the Supreme Court from numerous parties disputing the ruling. The Supreme Court ruled in 1973 that the Fourteenth Amendment’s Due Process Clause provides a significant right to privacy. This Clause was explained to preserve a woman’s right to an abortion.
In addition, the Court ruled that this right is not absolute, requiring a balance between the right to abortion and the government’s interest in protecting prenatal life and women’s health (Hull & Hoffer, 2010). The Court issued a pregnant trimester schedule to address competing claims on the subject. The schedule was developed to supervise all abortion rules in the United States (Harris, 2022). Abortion rights were likewise necessary, necessitating that all courts evaluate contested abortion restrictions using methods of severe scrutiny. This examination is regarded as the strictest court scrutiny in the United States.
In 2022, the Supreme Court voted to overturn Roe vs. Wade when considering Dobbs vs. Jackson Women’s Health Organization (Perry & Jipping, 2021). The overturning was based on the notion that the right to abortion was not one of the nation’s vital foundations or traditions, nor was it deemed a fundamental right during the 1868 adoption of the Due Process Clause. In addition, it proclaimed the mandate unknown in the nation until the Roe v. Wade decision.

Several historians refuted this notion, criticizing it with diverse alternative viewpoints (Coen-Sanchez et al., 2022). During the 1868 ratification of the Due Process Clause, it was contended that many rights, including interracial marriage, same-sex marriage, and contraception, did not exist.
Consequently, this Court deemed these rights unlawful based on the reasoning of the Dobbs Majority (Greenhouse & Siegel, 2010). Thus, anti-abortion movements applauded the ruling in the United States, while abortion rights movements condemned it. Nonetheless, several foreign leaders and international observers criticized the decision to overturn Roe vs. Wade.