The 1960s and 1970s were pivotal in advancing feminist demands and marked a turning point in the protection of women’s reproductive rights in the US. In 1960, the US Food and Drug Administration approved the birth control pill, setting the stage for major changes to follow in the next decade, culminating in the landmark Roe v. Wade by the Supreme Court.
In Roe v. Wade stars as a young pregnant woman who goes by the pseudonym Jane Roe in court documents. Actually, her name was Norma McCorvey. In 1970, she wanted to have an abortion in Texas, where restrictive laws criminalized the procedure unless the mother’s life was in danger. Unable to obtain a legal abortion, McCorvey filed suit against Dallas County District Attorney Henry Wade, challenging the constitutionality of the state’s abortion laws.
The case made its way through the US legal system until it reached the Supreme Court, where McCorvey’s attorneys, Sarah Weddington and Linda Coffey, took over the defense of the case. The legal battle centered on a woman’s right to privacy, a concept derived from the due process clause of the 14th Amendment to the US Constitution.
In a historic 7-2 decision, the Supreme Court ruled in favor of Roe, holding that a woman’s right to choose to terminate a pregnancy falls under the constitutional right to privacy. The court established a three-trimester framework for balancing the state’s interest in protecting prenatal life with a woman’s right to choose. During the first trimester, the decision to have an abortion is left to the woman and her doctor. In the second trimester, the state could regulate abortion to protect the mother’s health. In the third trimester, the state could regulate or prohibit abortion unless it was necessary to preserve the life or health of the mother.
The decision effectively legalized abortion across the United States, challenging the patchwork of state laws that previously criminalized or severely limited access to the procedure. The case of Roe v. Wade established a precedent that recognized a woman’s autonomy over her reproductive choices as a fundamental constitutional right.
Although Roe v. Wade was a turning point for reproductive rights, it did not quell the controversy surrounding abortion. The decision was met with fierce backlash from anti-abortion activists and politicians, who sought to overturn or limit its impact. The legal landscape was shaped by later cases such as Planned Parenthood v. Casey in 1992, which reaffirmed the central tenets of Roe v. Wade, but allowed states greater leeway in regulating abortion.
The case of Roe v. Wade sparked a larger social dialogue about reproductive rights, women’s autonomy, and the role of government in personal decisions. The decision was both a rallying point for women’s rights advocates and a magnet for abortion opponents. Over the years, the case has played a pivotal role in shaping the political landscape, influencing the behavior of American voters and sparking ongoing legal battles.
Finally, on June 24, 2022, after nearly 50 years in power, the Supreme Court overturned the historic decision by ruling that there is no longer a federal right to abortion and leaving the legalization of abortion to the discretion of state legislatures. Thus, many states have introduced new restrictions or even complete bans, raising serious concerns for the protection of women’s right to bodily autonomy. So far, abortions are prohibited in all cases in Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia.
Column Editor: Myrto Katsigera, Vassilis Minakakis, Antigone-Despina Poimenidou, Athanasios Syroplakis
