Roe v. Wade,
case decided in 1973 by the U.S.
Supreme Court. Along with
Doe
v.
Bolton, this decision
legalized
abortion
in the first trimester of pregnancy.
The decision, written by Justice Harry
Blackmun and based on the residual
right of privacy, struck down dozens
of state antiabortion statutes. The
decision was based on two cases, that
of an unmarried woman from Texas,
where abortion was illegal unless the
mother's life was at risk, and that of
a poor, married mother of three from
Georgia, where state law required
permission for an abortion from a
panel of doctors and hospital
officials. While establishing the
right to an abortion, this decision
gave states the right to intervene in
the second and third trimesters of
pregnancy to protect the woman and the
“potential” life of the unborn
child. Denounced by the National
Council of Bishops, the decision gave
rise to a vocal antiabortion movement
that put pressure on the courts and
created an anti-Roe litmus test for
the judicial appointments of the
Reagan and Bush administrations
(1981–93). In a 1989 case,
Webster
v.
Reproductive Health Services,
the court, while not striking down
Roe, limited its scope, permitting
states greater latitude in regulating
and restricting abortions. Then in
1992, in
Planned Parenthood v.
Casey,
the court reaffirmed the abortion
rights granted in
Roe v.
Wade,
while permitting further restrictions.