Podcast
Questions and Answers
What is the highest degree of constitutional protection for reproductive decision-making?
What is the highest degree of constitutional protection for reproductive decision-making?
When can a state ban abortion?
When can a state ban abortion?
What is the ruling of Roe v. Wade?
What is the ruling of Roe v. Wade?
What amendment of the US Constitution protects the right to privacy?
What amendment of the US Constitution protects the right to privacy?
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When can abortion be permitted to protect a patient's life and health?
When can abortion be permitted to protect a patient's life and health?
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Study Notes
- Roe v. Wade is a U.S. Supreme Court decision that recognized the right to abortion.
- Roe placed reproductive decision-making alongside other fundamental rights by conferring it the highest degree of constitutional protection, known as “strict scrutiny.”
- The Supreme Court required the state to justify any interference with the right to access abortion by showing that it had a “compelling interest,” and held that no interest was compelling enough to ban abortion before viability.
- After the point of viability, the state could ban abortion or take other steps to promote its interest in protecting the fetus.
- Even after that point, however, abortion must be permitted to protect a patient’s life and health.
- In 1973, the Supreme Court ruled in Roe v. Wade that a Texas law prohibiting abortions except when necessary to save the life of the mother was unconstitutional.
- The right to privacy is a fundamental right protected by the 14th Amendment of the US Constitution.
- The Court found that the right to abortion is a part of the privacy of women, and as such, is protected by the Constitution.
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Description
Test your knowledge of the U.S. Supreme Court decision in Roe v. Wade, which recognized the right to abortion as a fundamental right protected by the Constitution. Explore the legal principles and implications surrounding reproductive rights and privacy.
