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edits
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Expanded the legal section on the case, and added notes on test cases up at SCOTUS this term, and possible fallout
Roe v. Wade was a landmark Supreme Court ruling legalizing [[abortion]] in 1973.
''Roe v. Wade'' (410 U.S. 113) was a landmark Supreme Court ruling legalizing[[abortion]] in limited circumstances in 1973.
==Roe==
==Parties==
Roe's real name was [[Norma McGarvey]], a carnival barker, who became pregnant.
Roe's real name was [[Norma McGarvey]], a carnival barker, who became pregnant.
Wade refers to [[Henry Wade]] the [[Texas]] [[Attorney General]] at the time.
Wade refers to [[Henry Wade]] the [[Texas]] [[Attorney General]] at the time.
==Opinion==
==Opinion==
The opinion written by Justice [[Harry Blackmun]] divided a pregnancy into sections. Up until the [[fetus]] was viable, the State could not regulate [[abortion]]. However after viability was fair game.
The opinion written by Justice [[Harry Blackmun]], and divided a pregnancy into sections. Up until the [[fetus]] was viable, at the "quickening," the State could not regulate [[abortion]].
Notable for its definition of [[fundamental rights]], the opinion is an expansion of the Supreme Court's jurisprudence under the [[Fourteenth Amendment]], which, along with [[Griswold v. Connecticut]], sets up spheres of personal activity which the state cannot regulate without good cause.<ref>See generally Griswold v. Connecticut, 381 U.S. 479</ref> Specifically, the Court held that the [[Fourteenth Amendment]] protects implicit rights enumerated in its [[penumbra]], if not the text itself, which includes the [[right to privacy]].<ref>See Roe v. Wade, 410 U.S. 113</ref> The holding of the Court has become a foundation of fundamental rights jurisprudence, and has been heavily relied upon since it was decided, and underpins many other famous cases, such as [[Lawrence v. Texas]].<ref>See, e.g., Lawrence v. Texas, 539 U.S. 558</ref>
==Controversy==
Several cases, up for decision at the Supreme Court in the 2007 term, may whittle away at the holding of the case. Specifically, a South Dakota law banning nearly all abortions is seen as a deliberate attempt to force a [[test case]], where "pro-life" activists will have a chance to ask the Supreme Court to reconsider ''Roe''.<ref>The Economist, http://www.economist.com/agenda/displaystory.cfm?story_id=E1_VVJRJTN</ref> However, while ''Roe'' may be highly distinguished in these cases, the fact that the central holding of ''Roe v. Wade'' is so important to modern [[civil rights]] jurisprudence suggests that the whole case is unlikely to be overturned in its entirety, based on the United States concept of [[stare decisis]], or respect for legal precedent. Under this outlook, losing ''Roe'''s holding would be fatal to an entire constitutional structure, which the Court disfavors.<ref>See Lawrence v. Texas, supra (relying strongly on Roe v. Wade)</ref>
Some commentators suggest that limitations of Roe may actually be good for the "pro-choice" movement, as it would allow "pro-life" activists to vent their animosity against [[judicial activism]], while forcing the public to create a more moderate legislative solution to the problem. These commentators perceive the American public as more moderate than either the "pro-life" or "pro-choice" movements.<ref>The Economist, http://www.economist.com/world/na/displaystory.cfm?story_id=E1_VNSRJQV</ref>
==References==
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