Changes

In addition to creating a new constitutional right, '''''Roe v. Wade''''' also created an exception to the usual rule that one must face a threat of imminent prosecution in order to have [[standing]]. In ''Roe'', the Court held that there was [[standing]] because the alleged injury was said to be "capable of repetition yet evading review."

In addition to creating a new constitutional right, '''''Roe v. Wade''''' also created an exception to the usual rule that one must face a threat of imminent prosecution in order to have [[standing]]. In ''Roe'', the Court held that there was [[standing]] because the alleged injury was said to be "capable of repetition yet evading review."

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."

::(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.

==Controversy==

==Controversy==

 

''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-abortion]] 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==

==References==

==References==

*[http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113 Complete text of ''Roe v. Wade'', from FindLaw.com]

*[http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113 Complete text of ''Roe v. Wade'', from FindLaw.com]

[[Category:Abortion]]

[[Category:Abortion]]