Case Analysis of
Roe v. Wade

Approximately 22% of all U.S. pregnancies end in abortion. What percentages do you think that would be without Roe v. Wade? The case of Roe v. Wade was a case filed by “Jane Roe” an unmarried woman who wanted to safely and legally end her pregnancy.
Fact and History On Jan 22 1973, the US Supreme Court came to a decision on the case Roe v. Wade. The Court ruled under the Fourteenth Amendment that the constitution right to privacy is general enough to include a woman’s decision whether or not to terminate her pregnancy. Previously, it was illegal to have an abortion unless it was to save a mother’s life or for the other limited reasons. Now women are free to have an abortion for any given reason while the baby is still in the first trimester. Abortions performed after that must have a reason due to the health of either the child or of the mother.
Constitutional Implications
During the Roe v. Wade case, the use of the Ninth and Fourteenth Amendments was brought forth in legalizing abortions. The Ninth Amendment states that, “The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This amendment initially explains that people have a right to privacy. A lower court based their decision on this amendment, which is a part of the Bill of Rights. However, the Supreme Court based their decision on the Fourteenth Amendment, which says, “Citizens of the United States, and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, without due process of law.” Simply, what you choose to do with your life is up to you, and is not within the government’s jurisdiction. This is just another form of privacy rights.
The case began December 13, 1971 when Norma L. McCorvey (who went by the alias Jane Roe) decided she wanted to get an abortion. Roe first attempted to claim she was raped so that she could have a legal abortion but since there were not police records of a rape ever occurring that idea failed. After that, she went to a place that did illegal abortions but the police closed the place down before she was ever able to. Eventually she was referred to an attorney and decided to fight to change the rules on