ROE v. WADE: A SUMMARY
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Abortion is legal nationwide because of Roe vs. Wade, a U.S. Supreme
Court decision issued in 1973 which found the right to abortion is
protected by the U.S. Constitution.  Following is a listing showing the
voting position of each justice, and a summary of the decision.

DATE:  January 22, 1973 CITATION:  410 U.S. 133

OPINION: Delivered by Justice Blackmun, joined by Chief Justice Burger
and Justices Douglas, Brennan, Stewart.  Dissenting opinions by
Justices Rehnquist and White.

Holding: The Constitutional right to personal privacy, the roots of
which are found in the 4th, 5th, 9th and 14th Amendments, is "broad
enough to encompass a woman's decision whether or not to terminate her
pregnancy."  The right to terminate a pregnancy, however, is not
absolute.  At some point, a "compelling state interest" in protecting
the health of the woman and the potentiality of human life develops
which permits the state to regulate some of the factors governing the
abortion decision.

To balance the competing interests of the woman and the state, the
Court set up the following timetable:

First Trimester:  The state has no "compelling interest" in protecting
the health of the woman because "abortion in early pregnancy, although
not without its risks, is relatively safe."  The state also has no
"compelling interest" in protecting the potentiality of human life
because "the compelling point is at viability."  Therefore, the state
may not regulate abortion at all except to require that the procedure
be preformed by a physician.

Second Trimester: Since "the risk to the woman increases as her
pregnancy continues," the state, in promoting its interest in
protecting the health of the woman "may regulate the abortion procedure
in ways that are reasonably related to maternal health." Examples of
permissible state regulation are requirements as to the qualifications
of the person performing the abortion or the licensure of the abortion
facility.

Third Trimester:  Since the fetus has the capability of "meaningful
life" outside the pregnant woman's womb at "about 28 weeks, but as
early as 24 weeks," the state's interest in protecting potential life
becomes "compelling" at this point of "viability."  Therefore, the
state, if it chooses, may regulate and even proscribe abortion except
where it is necessary for the preservation of the life or health of the
woman.

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Prepared by the California Abortion Rights Action League ( CARAL ) For
more information contact CARAL at 415-546-7211 or by electronic mail,
Kathleen A. Watkins:  dtv@well.sf.ca.us

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