What is Roe V Wade, the 1973 ruling that US SC overturned; what the courts said then
A month ago, when the draft of this judgment got leaked, it created furore as it dropped enough hints of the momentous decision that was in the works.
New Delhi: The United States Supreme Court on Friday overturned the landmark ruling of 1973 in Roe V. Wade case that made abortion, a constitutional right for women. The SC bench struck down the 1973 Roe V. Wade judgment by a majority of 6-3. With this judgment, the constitutional protection for abortion that was put in place 50 years ago, stands withdrawn.
The judgment has sparked fierce reactions from women activists, politicians, celebrities as well as common people. US President Joe Biden called it a ‘sad day’ for the US democracy while many were seething in anger over ‘taking away abortion rights’ from women.
US media reports that as many as half of US states are likely to impose ban on abortion, following SC judgment. A month ago, when the draft of this judgment got leaked, it created furore as it dropped enough hints of the momentous decision that was in the works.
What is Roe V Wade ruling of 1973?
Roe V Wade refers to the name of lawsuit that paved the way for historic ‘reforms’ in abortion laws of United States. The judgment made abortion a constitutional right of the women. It gave the women an absolute right to abortion during the first trimester of pregnancy.
‘Roe’ is referred to Jane Roe, a pseudonym for Norma McCorvey. She was a 22-year old unmarried, unemployed woman who got pregnant for 3rd time in 1969. She sought permission for abortion in Texas. But, by the time Supreme Court allowed her for the same, Roe had given birth to a girl child whom she placed for adoption.
‘Wade’ refers to Henry Wade, who was the district attorney of Dallas County, Texas. It was his job to enforce a state law banning abortion. Roe had sued Wade, claiming that her life got endangered due to pregnancy and she wanted to terminate it.
What was the 1973 landmark ruling by SC?
22-year-old Roe in her complaint alleged that the Texas law banning abortion was unconstitutionally vague and it violated woman’s constitutional right to personal privacy. The court, hearing the merits of case, ruled in her favour.
It was with 7-2 majority that the court gave the judgment saying that it was woman’s constitutional right to to carry on with abortion.
In the 1973 landmark ruling, the court said that the decision to have an abortion during first trimester (first 3 months of the pregnancy) must be left up to the woman’s discretion only.