When it comes to the landmark case of Roe v Wade, most people know that it has to do with abortion. However, not many people know who wrote the opinion in this case. In this article, we will delve into the details of who wrote the opinion in Roe v Wade and why it is so significant.
The Roe v Wade Case
The Roe v Wade case was a landmark decision by the Supreme Court of the United States in 1973. The case centered around a woman named Norma McCorvey who wanted to have an abortion but was unable to do so legally in the state of Texas. At the time, Texas law only allowed abortions in cases where the life of the mother was at risk.
McCorvey filed a lawsuit against Henry Wade, the district attorney of Dallas County, Texas, challenging the constitutionality of Texas' abortion laws. The case eventually made its way to the Supreme Court, where it was decided in McCorvey's favor in a 7-2 decision.
The Opinion
The opinion in Roe v Wade was written by Justice Harry Blackmun. Blackmun was appointed to the Supreme Court by President Richard Nixon in 1970 and served on the court until 1994. He was known for his liberal views and was often considered one of the most influential justices of his time.
In his opinion, Blackmun wrote that a woman has the right to choose whether or not to have an abortion, up to a certain point in the pregnancy. He argued that this right was protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
The Significance of the Opinion
The opinion in Roe v Wade was significant for several reasons. First and foremost, it established a woman's right to choose to have an abortion. This was a major victory for advocates of reproductive rights and helped to pave the way for other decisions that would expand on this right in the years to come.
Additionally, the opinion in Roe v Wade was significant because it established the concept of "viability" - the point at which a fetus is capable of surviving outside the womb. Blackmun argued that the state has a compelling interest in protecting the potential life of a fetus, but that this interest only becomes "compelling" at the point of viability.
The Legacy of Roe v Wade
Since the Supreme Court's decision in Roe v Wade, the case has continued to be a controversial and divisive issue in American politics. Pro-choice and pro-life advocates continue to argue over the legality and morality of abortion, and the decision has been the subject of numerous challenges and attempts to overturn it.
However, despite these challenges, Roe v Wade remains a landmark decision in the history of American law. It established a woman's right to choose to have an abortion, and it helped to pave the way for other decisions that would expand on this right in the years to come.
Conclusion
The opinion in Roe v Wade was written by Justice Harry Blackmun, and it established a woman's right to choose to have an abortion up to a certain point in the pregnancy. The decision was significant for its establishment of the concept of "viability" and for its role in expanding reproductive rights in the United States. While the case continues to be a controversial and divisive issue, it remains a landmark decision in the history of American law.