ELECTIVE INTRODUCTION #2: ROE V. WAD-ING INTO THE CONSTITUTIONALITY OF LAW

The year was 1969 when a young woman’s struggle in Texas inflamed a legal battle on bodily autonomy for decades to come, altered the landscape of women's rights, sparked worldwide debates, and permanently altered the United States Constitution. Introducing the focal point of our elective–the landmark case Roe v. Wade, 410 U.S. 113.

In the 1960s-70s, the United States was in the midst of a majorly divisive political–and legal–upheaval. Litigations were raised all over the country where personal liberties and government jurisdiction clashed, fighting bitterly over the control of spaces such as marriage, procreation, contraceptives, family relationships, child rearing, and education. At the time, abortion laws varied greatly nationwide, with most states imposing severe restrictions or outright bans, creating gray areas where a woman's access to safe or legal abortion depended on her location and financial resources. This inequity was the backdrop against which Roe v. Wade came to be.

At its core, Roe v. Wade addressed whether the Constitution protected a woman's decision to terminate her pregnancy. In 1973, The Supreme Court established that under the Due Process Clause of the 14th Amendment, a woman's decision to have an abortion is legal and constitutionally protected under a trimester framework. In 1992, the Court reaffirmed Roe v. Wade’s ruling in the case Planned Parenthood v. Casey, declaring firmly once more that the right for a woman to terminate her pregnancy before viability is constitutional.

However, that constitutional regime is no longer. In 2022, by a 5-4 ruling, the Court struck down Roe v. Wade—whose echoes are heard now louder than ever. In the year after Roe v. Wade’s overturning, the number of American abortions hit its highest in over a decade. What shall be left of the American people’s liberty? What changed in the balance of interests that led to Roe v. Wade’s overturning? Which constitutional principles did the Court rely on in their ruling, and why are they still heavily debated? Finally, how will Roe v. Wade’s ripples affect the paradigms of constitutional law in the future?

Citations:

- Library of Congress. “Women in the Civil Rights Movement.” The Library of Congress, 2015, http://www.loc.gov/.../women-in-the-civil-rights-movement/.- History.com. “1970s.” HISTORY, 22 Aug. 2018, www.history.com/topics/1970s.

- Mascarenhas, Lauren. “The Supreme Court Overturned Roe v. Wade 2 Years Ago. Here’s What’s Happened Since.” CNN, 22 June 2024, http://edition.cnn.com/.../roe-v-wade.../index.html.

- Planned Parenthood. “Historical Abortion Law Timeline: 1850 to Today.” Planned Parenthood, Planned Parenthood Action Fund, 2022, http://www.plannedparenthoodaction.org/.../historical....

- US Supreme Court. “Roe v. Wade, 410 U.S. 113 (1973).” Justia Law, 22 Jan. 1973, http://supreme.justia.com/cases/federal/us/410/113/....

- Oyez. “Planned Parenthood of Southeastern Pennsylvania v. Casey.” Oyez, 1992, www.oyez.org/cases/1991/91-744.