Home   »   What is Roe v. Wade, Overturned...

What is Roe v. Wade, Overturned by US Supreme Court – Free PDF Download

What is Roe v. Wade, which the US Supreme Court has overturned and why is it significant?

  • Intense debates are going on about the decision of the Supreme Court of the United States of America which held that there is no constitutional right to abortion by overruling the 50-year old land mark decision Roe v. Wade.

Thomas E Dobbs, State Health Officer of the Mississippi Department of Health vs. Jackson Women’s Health Organisation’ also known as Mississippi case.

  • The United States Supreme Court on Friday (June 24) overturned by a 6-3 majority ‘Roe v. Wade’, the court’s landmark 1973 judgment that made abortion a constitutional right.
  • The decision will transform life for women in America. Near total bans on abortion will come into effect in about half of the country’s states and will be allowed only in Medical emergency.
  • Also overturned was, Planned Parenthood v. Casey, a 1992 case that upheld Roe’s case.

What was Roe v. Wade about?

  • Norma McCorvey was a single pregnant woman and she wanted an abortion in Texas. Texas had a law against abortion unless it is done to protect the life of mother.
  • So Norma McCorvey filed a suit.
  • ‘Wade’ was the defendant Henry Wade, the Dallas County (Texas) district attorney at the time.
  • Norma said that ban on abortion is unconstitutional and that court should issue an order to stop Texas from enforcing such law.

What was Roe v. Wade about?

  • ‘Roe v. Wade’ struck down laws that made abortion illegal in several states, and ruled that abortion would be allowed up to was around 28 weeks (7 months).
  • The judgment was based on the ‘right to privacy’ clause mentioned in the US Constitution.
  • The court held that the foetus is not a person and thereby does not have constitutional rights of its own.
  • Women were granted a right to abortion and a liberal approach was taken by court.

In 2018, the state of Mississippi banned most abortions after 15 weeks  throwing a direct challenge to the 1973 judgment.

“Hearbeat Test”

  • So, this law was challenged saying that it was unconstitutional and violates Supreme court’s decision in Roe v. Wade.

The debate surrounding abortion:-

  1. Terminating a pregnancy is the choice of pregnant woman and part of her reproductive rights.
  2. State has obligation to protect life and should give protection to foetus also.

Thomas E Dobbs, State Health Officer of the Mississippi Department of Health vs. Jackson Women’s Health Organisation’ also known as Mississippi case.

  • Justice Samuel Alito rejected ‘Roe v. Wade’ as “egregiously wrong from the start”, and held that both ‘Roe v. Wade’ and ‘Casey’ —must be overruled”.
  • The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.
  • He stated that, some rights thought not mentioned in the Constitution can be given to the citizens but such right must be ‘deeply rooted in this Nation’s history and tradition’.
  • What will happen in USA after this judgment?
  • Since there is no federal law protecting the right to abortion in the US, the overturning of ‘Roe’ leaves abortion laws entirely up to the states. Conservative states will likely bring back restrictive laws that prohibited abortions before the Supreme Court set the foetal viability standard in 1973.
  • Why USA has problem with Abortion?

What is the position on abortion in India?

  • Section 312 of the Indian Penal Code criminalizes intentional causing of miscarriage, if it was not done in good faith for the purpose of saving the life of the woman.
  • India’s Medical Termination of Pregnancy Act, 1971 allows abortion until 20 weeks of pregnancy.
  • Through an amendment in 2021, the ceiling for abortions was raised to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors, that too, with the approval of two registered doctors.
  • In approximately 16 countries around the world, abortion is entirely prohibited and even criminalised. But several Catholic majority nations such as Ireland and Mexico have decriminalised abortion in the last decade.

Download Free PDF

Sharing is caring!

Download your free content now!

Congratulations!

We have received your details!

We'll share General Studies Study Material on your E-mail Id.

Download your free content now!

We have already received your details!

We'll share General Studies Study Material on your E-mail Id.

Incorrect details? Fill the form again here

General Studies PDF

Thank You, Your details have been submitted we will get back to you.

Leave a comment

Your email address will not be published.