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{{caselaw|Roe v. Wade|410 U.S. 113|January 22, 1973}}

{{caselaw|Roe v. Wade|410 U.S. 113|January 22, 1973}}

'''''Roe v. Wade''''' (Jan. 22, 1973) was the epitome of [[liberal]] [[judicial supremacy]], in which the [[U.S. Supreme Court]] created a new right in the [[Constitution]] for a woman to have an [[abortion]] at any time during pregnancy.  It weakened the legitimacy of the Court, and resulted in a political reaction against it that continued for decades.  The decision caused the death of more than 62 million unborn children.

'''''Roe v. Wade''''' (Jan. 22, 1973) was the epitome of [[liberal]] [[judicial supremacy]], in which the [[U.S. Supreme Court]] created a new "right" in the [[Constitution]] for a woman to have an [[abortion]] at any time during pregnancy.  It weakened the legitimacy of the Court, and resulted in a political reaction against it that continued for decades.  The decision caused the death of more than 62 million unborn children.

The ''Roe'' decision was issued the same day as ''[[Doe v. Bolton]]'', a companion case, which held that states could not prohibit a physician from performing an [[abortion]] after the fetus has become "viable" if the physician determines that the abortion is necessary for the "health" of the mother, which could include "physical, emotional, psychological, familial, and the woman's age," all of which the Court determined were "relevant to the wellbeing of the patient."

The ''Roe'' decision was issued the same day as ''[[Doe v. Bolton]]'', a companion case, which held that states could not prohibit a physician from performing an [[abortion]] after the fetus has become "viable" if the physician determines that the abortion is necessary for the "health" of the mother, which could include "physical, emotional, psychological, familial, and the woman's age," all of which the Court determined were "relevant to the wellbeing of the patient."

The women represented by "Roe" and "Doe" have both since come forward to oppose these decisions, and "Doe" has even described the [[deceit]] of the lawsuit brought in her name.

The women represented by ''Roe'' and ''Doe'' have both since come forward to oppose these decisions, and ''Doe'' has even described the [[deceit]] of the lawsuit brought in her name.

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 liberal supporters of a "living constitution."

 

==Opinion==

==Opinion==