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Roe v. Wade, the case overruled by US Supreme Court after 50 years | EXPLAINED

Roe v. Wade, the case overruled by US Supreme Court after 50 years | EXPLAINED

India Today
Saturday, June 25, 2022 02:52:22 AM UTC

The US Supreme Court overruled the landmark 1973 Roe v. Wade judgment, which had legalised abortion across the country. After the ruling, states across America started imposing a ban on abortions.

In a verdict that is likely to have large scale ramifications across the United States of America, the US Supreme Court in a 6:3 ruling on Friday overturned the 1973 landmark decision of Roe v. Wade on the issue of abortion. Almost fifty years, after an American woman’s constitutional right to abortion was recognised, the Supreme Court has effectively eliminated the right altogether, allowing states to enforce ban on abortions.

Two Texas-based attorneys, Sarah Weddington and Linda Coffee, were dealing with several cases regarding abortion litigation in the US during the 1970s. During the course of their cases, they decided to file a suit stating that abortions were medically necessary for women. What they needed was a plaintiff who would help them make a valid case before the court. Their first plaintiff was a married couple who agreed to come on board, but in this, the woman was not pregnant.

In June 1969, they met 21-year-old Norma McCorvey, who was then pregnant with her third child. She eventually became their lead plaintiff in the case even though she wasn’t able to get an abortion on time and did not attend any of the oral arguments.

33 years later, at the age of 55, she filed an affidavit in a district Court in Texas saying that she got involved in the case 'without fully understanding its ramifications'. When she met Weddington and Coffee for the first time, they asked her “Norma, don’t you think that abortion should be legal?”

In her affidavit, she said, “Unsure, I responded that I did not know. In fact, I did not know what the term abortion really even meant”.

The lawyers reportedly told her that they had met two or three other women but they didn’t fit their criteria. She asked them what made her fit the criteria, they replied “You’re white, you’re young, pregnant and you want an abortion”.

The law suit was filed in the District Court in Texas in 1970 on behalf of McCorvey, under the pseudonym 'Jane Roe'. The defendant was the County’s District Attorney, Henry Wade. In June 1970, the Court ruled in favour of Jane Roe and stated that the law against abortion in Texas violated the right to privacy but did not grant an injunction which would allow McCorvey to get an abortion.

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