Celebrating the 40th anniversary of Roe v. Wade

The significance of privacy law is becoming more and more obvious as social medias such as Google and Facebook become a norm to our daily life. This year, 2013, we are celebrating the 40^th anniversary of Roe v. Wade, 410 U.S. 113 (1973), a landmark decision in privacy law. Let’s take our focus back in time and reiterate this important opinion.  

In Roe, the Supreme Court invalidated a state law of Texas prohibiting abortion. The opinion lands heavily on the Constitutional right to privacy. It stated that the right to privacy guaranteed by the Constitution is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.

The right to privacy, even though not explicit, is deeply rooted in our Constitution. Justice Blackmun wrote in majority: “The Constitution does not explicitly mention any right of privacy. But the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution. In varying contexts, the Court or individual Justices have, indeed, found at least the roots of that right in the First Amendment; in the Fourth and Fifth Amendments; in the penumbras of the Bill of Rights [citing Griswold, 381 U.S. 479]; in the Ninth Amendment [Id.]; or in the concept of liberty guaranteed by the 14^th Amendments.”

While stressing the privacy right of a woman, the Supreme Court also recognized the policing power of a state to promote the wellbeing of its residences. The majority opinion stated: “[Appellants] and some amici argue that woman’s right is absolute and that she is entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever reason she alone choose. With this we do not agree.”

The Court then made a wise decision, carefully striking the balance between the women’s privacy right and state’s policing power. The Court divided the pregnancy period into three trimesters. In the first trimester, a woman can terminate her pregnancy as long as it is safe to do it. In the second trimester, a state can put more stringent regulations on abortions if the regulations are promoting the interests in the health of the mother. In the third trimester, when the fetus is potentially viable, a state can proscribe abortion except where it is necessary to preserve the life or health of the mother.

At the time of 1973, Roe triggered fierce opposition and fueled strong efforts at political reversal. In unsuccessful attempts, opponents sought to amend the Constitution to overturn the decision. The force later shifted to legislative initiatives but were also unsuccessful. Roe survived all attacks. Roe was affirmed later in another Supreme Court decision, Planned Parenthood v. Casey, 505 U.S. 833 (1992), and remains good law today.

Hope this short reiteration reminds us to appreciate the privacy rights we enjoy or even takes for granted today.