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This decision is therefore one of the most famous examples of law by judicial fiat, that is, judges writing the laws. It created a dangerous precedent that is still followed today by supporters of a "living constitution."

This decision is therefore one of the most famous examples of law by judicial fiat, that is, judges writing the laws. It created a dangerous precedent that is still followed today by supporters of a "living constitution."

==Opinion==

==Opinion==

The opinion, written by Justice [[Harry Blackmun]], declares that [[abortion]] is a "fundamental right" under the [[U.S. Constitution]] and [[substantive due process]] under the [[Fourteenth Amendment]].  Writing for the 7-2 Court, Justice Blackmun held that [[abortion]] is a fundamental right because it falls under the "[[penumbra]]" of the [[right to privacy]].  ''Roe'' provided the underpinning for cases such as [[Griswold v. Connecticut]]<ref>See generally Griswold v. Connecticut, 381 U.S. 479</ref> and [[Lawrence v. Texas]],<ref>See, e.g., Lawrence v. Texas, 539 U.S. 558</ref> all of which set up spheres of personal activity which states cannot regulate without "good cause."

The opinion, written by Justice [[Harry Blackmun]], declares that [[abortion]] is a "fundamental right" under the [[U.S. Constitution]] and [[substantive due process]] under the [[Fourteenth Amendment]].  Writing for the 7-2 Court, Justice Blackmun held that abortion is a fundamental right because it falls under the "[[penumbra]]" of the [[right to privacy]].  ''Roe'' provided the underpinning for cases such as [[Griswold v. Connecticut]]<ref>See generally Griswold v. Connecticut, 381 U.S. 479</ref> and [[Lawrence v. Texas]],<ref>See, e.g., Lawrence v. Texas, 539 U.S. 558</ref> all of which set up spheres of personal activity which states cannot regulate without "good cause."

Specifically, Blackmun found that the right to terminate a pregnancy is in the penumbra of [[privacy]] rights protected by [[substantive due process]], since pregnancy can occasion life-changing events for women, changes not to be taken lightly.  However, he noted that the woman's interest in her own privacy is counterbalanced, obviously, by the fetus' interest in life, and the state's interest in protecting life.  The question, then, is when each interest trumps the other, and what that means at law.  Blackmun set up this framework specifically:

Specifically, Blackmun found that the right to terminate a pregnancy is in the penumbra of [[privacy]] rights protected by [[substantive due process]], since pregnancy can occasion life-changing events for women, changes not to be taken lightly.  However, he noted that the woman's interest in her own privacy is counterbalanced, obviously, by the fetus' interest in life, and the state's interest in protecting life.  The question, then, is when each interest trumps the other, and what that means at law.  Blackmun set up this framework specifically:

::(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health.

::(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health.

::(c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation  of the life or health of the mother. “<ref> Roe v. Wade, 410 U.S. 113, 165 (U.S. 1973)</ref>

::(c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation  of the life or health of the mother. “<ref>Roe v. Wade, 410 U.S. 113, 165 (U.S. 1973)</ref>

The "health of the mother" was defined to include the physical, psychological, and emotional health of the mother. There can be no requirement that the abortion reason be reported to anyone. The upshot is that any pregnant woman could get an abortion for any reason throughout the entire nine months as a constitutional right, provided that she could find an abortionist to do it.

The "health of the mother" was defined to include the physical, psychological, and emotional health of the mother. There can be no requirement that the abortion reason be reported to anyone. The upshot is that any pregnant woman could get an abortion for any reason throughout the entire nine months as a constitutional right, provided that she could find an abortionist to do it.

''Roe'' and subsequent decisions following it have incited intense public controversy over whether abortion is such a "fundamental right" that it overrides the right of a child to live, the right of a father to prevent the abortion of his child, and the right of states to legislate the issue in accord with the will of the people.  [[Pro-choice]] activists generally argue that it does, while [[pro-life]] activists generally argue that it does not.

''Roe'' and subsequent decisions following it have incited intense public controversy over whether abortion is such a "fundamental right" that it overrides the right of a child to live, the right of a father to prevent the abortion of his child, and the right of states to legislate the issue in accord with the will of the people.  [[Pro-choice]] activists generally argue that it does, while [[pro-life]] activists generally argue that it does not.

==See Also==

==See also==

[[Norma McCorvey]]

[[Norma McCorvey]]

==References==

==References==

[[Category:Politics]]

[[Category:Politics]]

[[Category:United States History]]

[[Category:United States History]]

[[category:United States Supreme Court Cases]]

[[Category:United States Supreme Court Cases]]

[[category:judicial Activism]]

[[Category:Judicial Activism]]

[[category:Fourteenth Amendment]]

[[Category:Fourteenth Amendment]]