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Impact & Aftermath of Roe v. Wade

ROE V. WADE: ITS IMPACT AND AFTERMATH

This report examines the effect of the decision of the Supreme Court in Roe v. Wade, 410 U.S. 113 (1973) on the law of abortion in the United States and discusses the aftermath of that decision and subsequent Supreme Court and other decisions since 1973.

Roe v. Wade constitutionalized at the federal level the debate over the legality of abortion and thereby overrode all but one state statutes which criminalized or otherwise regulated abortion. In the decade after that decision, efforts by pro-life forces to reverse or limit its impact largely failed, but pro-life forces were able to establish the constitutionality of efforts by Congress and state legislatures to limit public funding for abortions. Since 1988, due to changes in the composition of the Supreme Court and the growth of pro-life sentiment, substantial inroads have been achieved in limiting or partially reversing the impact and scope of Roe v. Wade. Today, pro-choice and pro-life forces have arrived at an unstable standstill over whether abortion is legal and under what circumstances. Restrictive state abortion laws and narrow Supreme Court interpretations of Roe v. Wade and its progeny have not succeeded in re-criminalizing abortion but they have made it more difficult for women, especially unemancipated (unmarried) minors to have abortions, at least at the state's expense.

Roe v. Wade and Its Initial Impact (1973-1982)

Situation before Roe v. Wade. By the time Roe v. Wade and its companion case, Doe v. Bolton 410 U.S. 179 (1973), were decided, a preponderance of states made the performing of an abortion a criminal offense. Twenty five states permitted abortions only if performed to save the mother's life. Under the 1962 Model Penal Code, abortion would be legal, if: (1) continuation of the pregnancy would gravely impair the physical or mental health of the mother; or (ii) there was a high likelihood that the child wou...

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Impact & Aftermath of Roe v. Wade. (1969, December 31). In LotsofEssays.com. Retrieved 10:44, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1692058.html