Roe v. Wade1973

9th Amendment: Implied Rights14th Amendment: Right to Privacy

Norma L. McCorvey

• single & pregnant

• Wanted an abortion

• Texas law prohibited having an

abortion except when pregnancy

threatens the mother’s life

• went by Jane Roe in Court

• Roe challenged the constitutionality of the law

• Dallas County District Attorney Henry Wade

Do laws that criminalize all abortions, except those required to save the life of the mother, violate the Constitution?

Does the Due Process Clause of the 14th Amendment protect the right to privacy, including the right to obtain an abortion?

Are there any circumstances where a state may enact laws prohibiting abortion?

Did the Texas abortion laws violate the Due Process Clause of the 14th Amendment of the Constitution?

YES

7 votes for Roe2 votes against

Supreme Court’s Ruling

Implications of the Ruling

• State abortion laws that don’t take into consideration the

stage of the pregnancy and other interests, are

unconstitutional

• Due Process Clause

• protects the right to privacy

• including a woman’s right to terminate her pregnancy

• States can regulate

• 2nd trimester abortions

in the interest of mother’s health

• 3rd trimester abortions

in the interest of the fetus