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Roe v. Wade
''Roe v. Wade'', , is a landmark decision by the United States Supreme Court on the issue of abortion. Decided simultaneously with a companion case, ''Doe v. Bolton'', the Court ruled 7–2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's two legitimate interests in regulating abortions: protecting women's health and protecting the potentiality of human life.〔''See'' Roe v. Wade, 410 U.S. 113, 162 ("We repeat, however, that the State does have an important and legitimate interest in preserving and protecting the health of the pregnant woman, whether she be a resident of the State or a non-resident who seeks medical consultation and treatment there, and that it has still another important and legitimate interest in protecting the potentiality of human life."). 〕 Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the third trimester of pregnancy.
The Court later in ''Planned Parenthood of Southeastern Pennsylvania v. Casey'' (1992) rejected ''Roe''s trimester framework, while affirming ''Roe''s central holding that a person has a right to abortion until viability.〔"(Roe v. Wade and Beyond )", Frontline, PBS (2006-01-19): "while reaffirming the central holding of ''Roe v. Wade'', the court rejected 'Roe's rigid trimester framework'...."〕 The '' Roe'' decision defined "viable" as being "potentially able to live outside the mother's womb, albeit with artificial aid."〔Wood, Mary and Hawkins, Lisa. "State Regulation of Late Abortion and the Physician's Duty of Care to the Viable Fetus", 45 Mo. L. Rev. 394 (1980).〕 Justices in Casey acknowledged that viability may occur at 23 or 24 weeks, or sometimes even earlier, in light of medical advances.〔Planned Parenthood v. Casey, 505 U.S. at 860. 〕
In disallowing many state and federal restrictions on abortion in the United States, ''Roe v. Wade'' prompted a national debate that continues today about issues including whether, and to what extent, abortion should be legal, who should decide the legality of abortion, what methods the Supreme Court should use in constitutional adjudication, and what the role should be of religious and moral views in the political sphere. ''Roe v. Wade'' reshaped national politics, dividing much of the United States into pro-choice and pro-life camps, while activating grassroots movements on both sides.
==Background==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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