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Feminist Court Watch
Roe v. Wade: Legalizing Abortion
Pre-Roe: When Abortion was Illegal
Prior to Roe v. Wade, abortion was illegal in nearly two-thirds
of the states except in cases where it was necessary to save the
life of the mother. In those states it was legal, it was only available
under very limited circumstances. Women who wanted to terminate
their pregnancy often sought illegal, back-alley abortions. It is
estimated that before 1973, 1.2 million women resorted to illegal
abortion yearly and that botched illegal abortions caused as
many as 5,000 deaths a year (NARAL). During this period,
illegal abortions were often performed by an untrained physician
in unsanitary conditions using primitive methods (NAF).
Roe v. Wade: The Court Case
On January 22, 1973, the
landmark US Supreme Court decision in
Roe v. Wade legalized abortion in the United States. Argued
by attorney Sarah Weddington, Roe v. Wade challenged the
constitutionality of a Texas law that prohibited abortion except
to save a woman's life.
In a 7-2 ruling, the court divided the extent of the right to an
abortion: during the first trimester the decision is to be left
to a woman and her doctor; after the first trimester the state can
regulate the procedure in ways that are reasonably related to the
health of the woman; post-viability the state can regulate or ban
the procedure, as long as there is an exception for the life and
health of the woman. more on Roe>>
Post-Roe: When Abortion is Legal
The legalization of
abortion led to a dramatic decline in deaths from back-alley, illegal
abortions. Today, complications from abortions
occur in less than 1% of cases, and a woman is statistically less
likely to experience complications from an abortion than from a
penicillin shot (Allen Guttmacher Institute). In the United States,
1.4 million women have abortions each year (AGI). 89% of these
abortions occur before twelve weeks and fewer than 1% occur after
21 weeks.
Monument to the Unknown Women Who Died From Illegal Unsafe
Abortions - November 11, l989
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Roe did not end the battle for full reproductive rights.
Since 1973, the right to safe, legal, and accessible abortion for
all women has been attacked by the anti-choice right wing and systematically
eroded. Currently, though Roe v. Wade constitutionally
protects a woman's right to choose, many women face prohibitive
obstacles preventing full access to abortion to safe, legal, and
accessible abortion services such as restrictions
on federal funding, parental consent laws, and waiting periods.
In addition, anti-abortion forces have waged a war of intimidation
and violence
on abortion clinics. more>>
Roe v. Wade Could Be Overturned
A woman's constitutional
right to abortion currently hangs in the balance. A razor-thin
5-4 margin narrowly saved reproductive rights
in the Court's last decision on abortion (Stenberg v. Carhart
2000). The appointment of just one anti-choice Justice could
result in the reversal of Roe v. Wade. If
Roe v. Wade is overturned, some women will die - some
will be maimed - too many women's lives will be sacrificed. We will
return to the days when desperate women risked their lives by resorting
to self-inflicted or illegal back-alley abortions. If Roe is
overruled, the "right to privacy", which was first
articluated in Griswold,
the legalization of birth control will be subject to question as
well, and the results of the birth control access cases may change.
more>>
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