"The central tenet of Roe, the government’s responsibility to preserve individual liberty through explicit protection of the right to privacy, has allowed American women in these past twenty-five years to face complexities of childbearing decisions with a full range of legal and safe options. The Court has continued to preserve this “choice” in its subsequent holdings on this matter in Doe, Casey and Webster. By doing so, the Court has affirmed that America affords its citizens the right to engage in personal decision-making without the interference of government. Moreover, Roe recognizes that American women are capable of making those decisions. Despite this fact, this session of Congress will be presented with many more opportunities to retreat from Roe. This will continue the trend that has resulted in qualifications of the constitutionally protected right to an abortion over the past few years. For some, rather than leave this decision in the hands of the woman within constitutionally protected parameters, substituting the so-called “collective” wisdom of a legislative body, which rarely understands or is even aware of those specific circumstances affecting the woman, is deemed preferable. The consequences of this governmental intrusion into the private decisions of women all across America are most significant for women who lack the resources or political power to overcome them. Women whom society should seek to empower the most face the greatest barrier in regard to reproductive decisions; poor women, women in abusive relationships, or those with few outside sources of information and education. This result is not the legacy of Roe, it is the legacy of those who seek to take away the constitutional rights that Roe protects. While many will use this anniversary to celebrate the potential for retreat from individual freedom, the true legacy of Roe, by elevating public attention to and lifting taboos around the discussion of reproductive health issues more broadly, has led to significant advances in the area of family planning. More remains to be done, however, to ensure that broad access to family planning services are accessible to all American women so that we can reduce the need and call for abortion services."
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Roe v. Wade
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the
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