Summary of Roe v.

Wade
Abortion is legal nationwide because of Roe v. Wade, a U.S. Supreme Court
decision issued in 1973 which found the right to abortion is protected by the U.S.
Constitution. Following is a summary of the decision.

Date: January 22, 1973

Cite: 410 U.S. 113

Opinions: Delivered by Justice Blackmun, joined by Chief Justice Burger and

Justices Douglas, Brennan, Stewart, Marshall and
Powell. Burger, Douglas, Stewart, also authored concurring opinions. There were two
dissenting opinions by Justices Rehnquist and White. (The opinions of Burger,
Douglas and White are actually found in Roe's companion case Doe v. Bolton, 410
U.S. 179.)

Holding: The Constitutional right to personal privacy, the roots of which are found in
the 4th, 5th, 9th and 14th Amendments, is "broad enough to encompass a woman's
decision whether or not to terminate her pregnancy." The right to abortion, however,
is not absolute. At some point, a "compelling state interest" in protecting the health of
the woman and the potentiality of human life develops which permits the state to
protect fetal life even to the point of proscribing all non-therapudic abortions. To
balance the competing interests of the woman and the state, the Court set up the
following timetable:

 First Trimester: The state has no "compelling interest" in protecting the health
of the woman because "abortion in early pregnancy, although not without its
risks, is relatively safe." The state also has no "compelling interest" in
protecting the potentiality of human life because "the compelling point is at
viability." Therefore, the state may not regulate abortion at all except to require
that the procedure be preformed by a physician.

Second Trimester: Since "the risk to the woman increases as her pregnancy
continues," the state, in promoting its interest in protecting the health of the
woman "may regulate the abortion procedure in ways that are reasonably
related to maternal health." Examples of permissible state regulation are
requirements as to the qualifications of the person performing the abortion or
the licensure of the abortion facility.
  Third Trimester: Since the fetus has the capability of "meaningful life"
outside the pregnant woman's womb at "about 28 weeks, but as early as 24
weeks," the state's interest in protecting potential life becomes "compelling" at
this point of "viability." Therefore, the state, if it chooses, may regulate and
even proscribe abortion except where it is necessary for the preservation of the
life or health of the woman.

Roe has been substantially modified by subsequent cases like Webster and Casey.