Questions and Answers
What is the highest degree of constitutional protection for reproductive decision-making?
Strict scrutiny
When can a state ban abortion?
After viability
What is the ruling of Roe v. Wade?
It recognized the right to abortion
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?
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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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