It is undoubtedly the most famous ruling of the United States Supreme Court. On January 22, 1973, the Ru ruling was issued against. Wade granted American women the right to have an abortion nationwide.
A right that the State Supreme Court is preparing to appeal according to a draft decision it published PoliticoThat had the effect of a bomb in Washington. If this abolition was actually maintained in July, the United States would revert to the status quo that was in effect prior to 1973, in which each country had the power to prohibit or allow abortion.
When was the first abortion law in the United States?
C’est dans le Connecticut que la première loi sur l’interruption volontaire de grossesse est promulguée aux Etats-Unis, en 1821. Elle s’oppose à l’avortement par la prize de tous types de « poison », pour des questions sanitaires Before everything. However, during the nineteenthAnd century, abortion is permitted by American society. But in March 1873, the Senate passed the Comstock Act. This federal law penalizes “the trade in and circulation of obscene literature and articles of immoral use” and prohibits the dissemination of reproductive information and the instruments and drugs used for abortion or contraception. In 1880, under pressure from a section of the medical profession, the practice of abortion became a crime, unless the mother’s life was at stake.
Nearly a century later, 14 countries have begun reform and four more have repealed their restrictive abortion laws. In 1967, the California Supreme Court upheld freedom of abortion. In 1970, the states of New York, Washington, Hawaii, and Alaska repealed their laws prohibiting abortion. They authorize this in particular when the pregnancy is the result of rape or incest. In addition, provisions of the Comstock Act relating to contraception have been repealed.
What happened on January 22, 1973?
In 1973 the country as a whole experienced a historical turning point. On January 22, the United States Supreme Court, in its decision No against. Wade, that the right to privacy, guaranteed by the US Constitution, applies to abortion.
But in this case, it all began three years ago. Norma McCorvey, a 21-year-old single mother who is pregnant for the third time, wants to have an abortion, which is prohibited in several states, including Texas, where the young woman lives. She turned to attorneys Sarah Weddington and Linda Covey, who had been on behalf of many pregnant women challenging Texas legislation, which made abortion a crime. MAnd Covey then filed a complaint with Dallas court in 1970, on behalf of Jane Roe, the pseudonym chosen by Norma McCorvey.
Jane Roe’s defense is based on the inaccuracy of Texas’ anti-abortion laws and their inconsistency with several articles of the United States Constitution. Henry Wade, the Dallas attorney general and Texas representative in the case, wins the trial in federal court. But Jane Ro and her lawyers appealed the ruling, and the country’s highest court took up the case.
After hearing the parties twice, the Supreme Court waited for the November 1972 presidential election, and the re-election of Republican Richard Nixon, to issue its ruling, which was adopted by seven votes to two. already recognized The sensitive and emotional nature of the abortion debate, the fiercely opposing opinions, even among physicians, and the deep and absolute convictions that this topic inspires, The Supreme Court eventually struck down Texas abortion laws.
What does the ruling say and what are its limits?
The resolution, which set a precedent in the majority of US states where similar laws were in force, states that “The right to respect for private life, found in 14And Constitutional Amendment (…) Broad enough to apply to a woman’s decision to terminate her pregnancy..
A Texas-type law criminalizing abortion only when the mother’s life is in danger, regardless of the stage of pregnancy or any other interests at stake, violates 14And Amend the constitution “According to the decision.
Thus, jurisprudence sets out the legal framework for accessing abortion. This is allowed up to the viability threshold, which is the stage at which the fetus can survive outside the womb, roughly 22 to 24 weeks of gestation.
But the court agreed with the opinion of the trial court that the right to respect for private life is not, However, it is not absolute.. “At a certain stage, the interests of the state, health protection, medical standards and prenatal life become dominant,” Judge Harry Blackmun, who wrote the text on behalf of the Nine Wise Men, recalled it.
Thus the Supreme Court gave reason to Jane Roe, but dismissed the appeals, which were described as inadmissible, to physician James Halford and spouses John and Mary Doe, who, for their part, attacked the legalization of abortion in Georgia. ru vs. Wade was accompanied by Doe v. Bolton, which authorizes each state to add restrictions on the right to an abortion, when the pregnancy is progressing. The constitutional right to abortion was later confirmed by other decisions.