Roe V. Wade - Landmark Case US Supreme Court

 Roe V. Wade - Landmark Case US Supreme Court - 410 U.S. 113 (1973)

Roe vs Wade is a historical US decision on abortion right of women. This is one such decision of America's top court which changed the laws on abortions in all United States. There has been debates since long that women must have rights over their body in relation to abortion. But abortion was illegal in most of the states in US. When Jane Roe got pregnant and wanted to get rid of her pregnancy she didn't have  the choice to abort as per Texas Laws. So she challenged the Texas laws on illegalities of abortion. Legal provisions about abortion was that only doctors could abort to save the life of pregnant women. Women if pregnant by any reason even by rape was not allowed to abort as per laws in Texas at that time.

Roe Jane [Pseudonym] was the petitioner in this case who wanted to abort her pregnancy so finding the Texas laws about abortion against her fundamental rights as per her conception of right to privacy challenged the said abortion law as unconstitutional. Second party in the case was Henry Wade, who was district attorney.  This case was first argued on December 13, 1971 and later reargued on October 11, 1972. Supreme Court of United States announced its verdict in Roe v. Wade on January 22, 1973.

This case involved the important question of Right to Privacy and Right to abort on one side contended by Roe Jane while on the other side State had its argument that state has duty to protect those who can not defend themselves.  Protection and interest of fetus was argued by state but Supreme Court brushed aside the concept of Fetal Person-hood. In the competing interests of Right, Interest and Health of Women on one side and Protecting the Potential Humanities on other side US Supreme Court tried to balance the equation and come with the theory of viability. On the basis of trimester of pregnancy it was held by Supreme Court that during the first trimester it women who has right to choose about her pregnancy and state can't interfere during that period if a women chose to do so. While during third trimester when there is viability of fetus during that time state can regulate the abortion laws looking into the safety and health of pregnant women as well as interest of  potential humanities.

This is one such landmark case which changed the laws related to women rights and abortions in United States. 

Recently US Supreme Court has heard a case which is challenging the courts decision of Roe v. Wade. In the recent case of Dobbs v. Jackson Women's Health is about Mississippi law in which time of abortion is reduced to 15 weeks, which is under challenge in this case. Soon we can get a decision from Supreme Court in Dobbs v. Jackson Women's Health which may either reaffirm courts earlier decision in Roe v. Wade or overrule it.


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