Full Answer Section

Roe then appealed the Fifth Circuit’s decision to the U.S. Supreme Court. The Supreme Court agreed to hear the case in 1973.

Issues or the Facts of the Case and Legal Questions the Court Must Decide:

The Supreme Court had to decide two main questions:

1. Does the Constitution protect a woman’s right to have an abortion?
2. If so, how can this right be reconciled with the state’s interest in protecting the life of the unborn child?

Court’s Decision or Holdings:

In a 7-2 decision, the Supreme Court ruled that the Constitution does protect a woman’s right to have an abortion. The Court held that this right is part of the right to privacy, which is implied by the due process clause of the Fourteenth Amendment.

The Court also ruled that the state’s interest in protecting the life of the unborn child becomes compelling at viability, which is the point at which the fetus can survive outside the womb. However, the Court held that the state cannot ban abortions before viability.

Concurring and Dissenting Opinions:

There were three concurring opinions in Roe v. Wade. Justice Harry Blackmun wrote the majority opinion, in which he argued that the right to privacy is broad enough to encompass a woman’s right to have an abortion. Justices William Brennan and Warren Burger also concurred in the judgment, but they wrote separate opinions in which they disagreed with some of the reasoning in the majority opinion.

Justices William Rehnquist and Byron White dissented in Roe v. Wade. They argued that the Constitution does not protect a woman’s right to have an abortion. They also argued that the Court’s decision was an overreach of judicial power.

How the Courts Address or Respect Our Rights as Citizens:

The Supreme Court’s decision in Roe v. Wade is a landmark case that has had a profound impact on the rights of women in the United States. The decision has been controversial since it was handed down, and it has been the subject of many legal challenges. However, the decision has been upheld by the Supreme Court on several occasions, and it remains the law of the land.

The Roe v. Wade decision is an example of how the courts can address or respect our rights as citizens. The Court’s decision recognized a fundamental right that women have to make decisions about their own bodies. The decision also struck down a state law that violated this right.

The Roe v. Wade decision is not without its critics. Some people argue that the decision should be overturned, and that the issue of abortion should be left to the states to decide. However, the decision has been upheld by the Supreme Court for over 40 years, and it is unlikely to be overturned anytime soon.

The Roe v. Wade decision is a reminder that the courts play an important role in protecting our rights as citizens. The Court can strike down laws that violate our rights, and it can also recognize new rights that we have not previously been recognized. The Roe v. Wade decision is a significant example of how the courts can protect our rights.