Congressional Digest

Supreme Court Debates January 2006 No. 1 Vol. 9
The Court Reinterprets Roe v. Wade

Parental Notification Laws

The Supreme Court Reenters the Abortion Debate

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The Court Reinterprets Roe v. Wade

From "Strict Scrutiny" to "Undue Burden"

In Roe v. Wade (1973), the U.S. Supreme Court determined that the Constitution protects a woman’s decision whether or not to terminate her pregnancy. In a companion case, Doe v. Bolton (1973), the Court held further that a State may not unduly burden a woman’s fundamental right to abortion by prohibiting or substantially limiting access to the means of effectuating her decision.Rather than settle the issue, the Court’s decisions kindled heated debate and precipitated a variety of governmental actions at the national, State, and local levels designed either to nullify the rulings or to hinder their effectuation. These governmental regulations…

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