Many Famous Court Cases
In 1973, the U.S. Supreme Court rendered two decisions, Roe v. Wade and Doe v. Bolton which, taken together, have allowed legal abortion on demand at any stage of pregnancy in all 50 states. The two original decisions established legal abortion as follows:
- In the first three months of pregnancy, no one can interfere with a woman’s decision to have an abortion with her child.
- After the first three months, but before the “viability” of the unbornchild, an individual state can enact laws to protect the health of the mother but cannot prohibit the abortion of the unborn child.
- After “viability” of the unborn child, an individual state can, if it decides to do so, enact laws to protect the unborn child but abortion must be allowed if the life or “health” of the mother is at stake.The Supreme Court defined “health” as “the medical judgment that may be exercised in light of all factors – physical, emotional, psychological, familial, and the woman’s age –relevant to the well-being of the patient. All these factors may relate to health.
Roe v. Wade, 1972
This case was the most significant in the history of abortion in America. It provided that abortions should be legal if there was a convincing reason to have one (such as was stated in Jane Roe's case). This decision was immediately updated in Doe v. Bolton.
Planned Parenthood v. Casey, 1992
This case stemmed from laws that required abortion providers to follow certain rules as parental consent and notification of the babies age. The court decision provides the rules which abortion providers must work through in order to comply with the law. Many of the rules are in the appendix.
Griswald v. Connecticut, 1965
This case was to be a stepping stone to Roe v. Wade. The case provided that it was unconstitutional to outlaw contraceptives of any sort.
