Case Brief (Roe et al. v.

Wade)

Name:

Institution:
 Roe et al. v. Wade, 410. U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147, 1973 U.S. LEXIS 159 (U.S. Jan.

22, 1973)

Case background

Roe v. Wade was a lawsuit that led to the Supreme Court's ruling on the rights of women

to abortion. Jane Roe, who was pregnant and unmarried, filed a suit to challenge the law on

abortion in Texas. A Texas doctor, who had previously been arrested for violating the statute,

joined Roe's lawsuit to argue that Texas abortion laws were not clearly defined for doctors to

follow. At that time, abortion or an attempt to abort was illegal unless it was done to save the

mother's life.

Facts

Jane Roe filed a lawsuit claiming that Texas's right to privacy was violated after the State

denied her the request to get an abortion. The State argued that her actions were of free

choice and not because of any potential harm that could come to her. Roe stated that Texas

Statutes were unconstitutional according to the Fourteenth Amendment Due Process clause.

Wade, the public attorney, defended Texan law that forbade abortion. However, the court

ruled on the side of Jane Roe, stating that it was unconstitutional, and it breached women's

right to privacy. 

Issues

Whether the constitution guaranteed women abortion rights

Whether the Texas anti-abortion statute violates the Fourteenth Amendment Due Process

clause

Whether abortions should be made legal

Holding

The court ruled that there was a violation of the Fourteenth Amendment Due Process

clause. The court created a framework to balance women's privacy rights and the State's
interests. The court, therefore, defined the rights of each party concerning three pregnancy

trimesters. First, abortion will be left to the licensed physician attending to the pregnant

woman at the first trimester. During the second trimester, the State would regulate abortion

depending on the pregnant woman's health and safety. In the third trimester, the interest

would be on protecting human life rather than the right to privacy. However, the court did not

approve that the constitution guarantees a right to abortion. The right to privacy, however,

does not prevent the states from regulating abortion.

Reasoning

The court interpreted the historical passing of abortion laws in the United States. Three

reasons defined their interpretation. The first reason is that the rules were concerned with

discouraging sexual conduct. Secondly, the abortion process is very dangerous, and the State

is concerned with protecting pregnant women. However, abortion may be relatively safe in

the first trimester due to some modern medical techniques. Lastly, the State's interest is to

protect the unborn.

My opinion

Since the statute is mainly concerned with protecting pregnant women, it does not

distinguish the safety differences between the first trimester and further periods. Therefore,

the law is unconstitutional because it is too vague and unjust. However, abortion will never

be a simple issue because everybody has their own opinions depending on their views of the

world and when they believe life begins.

 References

Ely, J. H. (1973). The wages of crying wolf: A comment on Roe v. Wade. The Yale Law

Journal, 82(5), 920-949.

Nunez-Eddy, C., & Seward, S. (2018). Roe v. Wade (1973). Embryo Project Encyclopedia.

Ziegler, M. (2018). Beyond Abortion: Roe V. Wade and the Battle for Privacy. Harvard

University Press.