Did Roe v. Wade use strict scrutiny?
Asked by: Daniella Berge | Last update: January 27, 2026Score: 4.8/5 (70 votes)
Yes, Roe v. Wade applied the strict scrutiny standard because the Court recognized the right to abortion as a fundamental aspect of the right to privacy under the Fourteenth Amendment. This meant states could only restrict abortion if they had a compelling interest (like protecting maternal health or potential life) and the law was narrowly tailored to that interest.
What is strict scrutiny in Roe v. Wade?
The Court said that as a fundamental right, any limitations on abortion must meet the standards of strict scrutiny. This meant that there must have been “compelling state interest” in regulating abortions, and the legislation must have been narrowly tailored to meet this “compelling” state interest.
Is Roe v. Wade intermediate scrutiny?
Second, Roe held that, as with other fundamental rights, restrictions on the right to abortion were subject to the most stringent level of constitutional review, often called “strict scrutiny.” This legal standard required that infringements on the right be narrowly tailored to serve a compelling government interest.
What cases have passed strict scrutiny?
One of the most notable cases in which the Supreme Court applied the strict scrutiny standard and found the government's actions constitutional was Korematsu v. United States (1944), since overruled, in which the Court upheld the forced relocation of Japanese Americans in internment camps during World War II.
How was judicial review used in Roe v. Wade?
The Court also classified the right to abortion as "fundamental", which required courts to evaluate challenged abortion laws under the "strict scrutiny" standard, the most stringent level of judicial review in the United States. The Supreme Court's decision in Roe was among the most controversial in U.S. history.
Supreme Court Experts Explain Roe v Wade Decision Ending Abortion | Strict Scrutiny Podcast
Who actually overturned Roe versus Wade?
The U.S. Supreme Court, in the case of Dobbs v. Jackson Women's Health Organization on June 24, 2022, actually overturned Roe v. Wade, eliminating the federal constitutional right to abortion and returning abortion policy to individual states, with a majority opinion written by Justice Samuel Alito. The decision was supported by Justices Thomas, Gorsuch, Kavanaugh, and Barrett, with Chief Justice Roberts concurring in the judgment but not the reasoning, while Justices Breyer, Sotomayor, and Kagan dissented.
How did the Supreme Court justify Roe v. Wade?
The Supreme Court handed down its decision on January 22, 1973. Seven of the nine justices agreed that the Due Process Clause of the 14th Amendment — which says that no state shall “deprive any person of life, liberty, or property, without due process of law” — implies a right to privacy.
What falls under strict scrutiny?
Strict scrutiny is a form of judicial review that courts in the United States use to determine the constitutionality of government action that burdens a fundamental right or involves a suspect classification (including race, religion, national origin, and alienage).
When was strict scrutiny first used?
Historically, the modern strict scrutiny formula did not emerge until the 1960s, when it took root simultaneously in a number of doctrinal areas. It did not clearly originate in race discrimination cases, as some have suggested, nor in free speech jurisprudence, as Justice Harlan once claimed.
What level of scrutiny is gender discrimination?
Finally, there is a middle tier of review, intermediate scrutiny, where the government action must be substantially related to an important government objective. Intermediate scrutiny has typically been applied in cases where someone has been discriminated against because of their sex or gender.
Who has to prove intermediate scrutiny?
By comparison, the strict and intermediate scrutiny tests require the government to prove that the challenged law is narrowly tailored to serve a compelling governmental interest.
What are the three exceptions to the abortion law?
The three common exceptions in state abortion bans allow abortion in cases where the pregnant person's life or health is at risk, the pregnancy is the result of rape or incest, or there is a lethal fetal anomaly (fatal fetal abnormality). However, these exceptions vary by state, often have strict legal requirements (like reporting rape or incest), and can be difficult for providers and patients to navigate due to legal risks and unclear definitions, with some bans lacking these exceptions entirely.
Who was the baby in Roe v. Wade?
Shelley Lynn Thornton was born to Norma McCorvey on June 2, 1970 at the Dallas Osteopathic Hospital. At only three days old, she was adopted by then-engaged Texas residents Ruth Schmidt and Billy Thornton. Shelley Lynn Thornton was two-and-a-half years old when the Roe v. Wade ruling was issued.
What type of speech triggers strict scrutiny?
Typically, laws that regulate speech based on its content (i.e., its subject matter, topic, or viewpoint) receive strict scrutiny, except for regulations of commercial speech (e.g., product advertisements), which typically receive intermediate scrutiny.
What test was used in Roe v. Wade?
The majority found that strict scrutiny was appropriate when reviewing restrictions on abortion, since it is part of the fundamental right of privacy.
Was the 4th Amendment used in Roe v. Wade?
Roe held that the abortion right is part of a right to privacy that springs from the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. See 410 U. S., at 152–153.
When was intermediate scrutiny first used?
Origin. The Supreme Court created the intermediate scrutiny test in Craig v. Boren (1976). In Craig, the Court created the intermediate scrutiny test and applied it to a statute which discriminated on the basis of gender.
When did the Supreme Court change from 6 to 9 justices?
The Supreme Court went from six justices to nine in 1869, with the passage of the Circuit Judges Act (also called the Judiciary Act of 1869). This legislation increased the number from seven (after Congress had previously reduced it from ten) to its current size, settling it at one Chief Justice and eight Associate Justices, a number that has remained stable since.
Which law is most likely to pass the strict scrutiny test?
The law that is most likely to pass the strict scrutiny test is a law that prevents people of specific background from moving into public housing.
What is the opposite of strict scrutiny?
In contrast to strict scrutiny, rational basis is the most lenient test. For a law to be upheld under this test, it simply has to be “rationally related to a legitimate governmental interest” — meaning there must be a non-arbitrary relationship between the restriction and a reason the government has for imposing it.
Is affirmative action subject to strict scrutiny?
Court cases involving affirmative action have long established the jurisprudence of using strict scrutiny because it is an issue related to a protected category of race.
What does the strict scrutiny test require that the government has __ interest?
Under strict scrutiny, the government must demonstrate that its action serves a compelling interest and that the means used to achieve this interest are narrowly tailored.
What is the real reason Roe v. Wade was overturned?
Roe v Wade was overturned because the US Supreme Court ruled that the Constitution does not explicitly protect the right to an abortion, leaving the decision to each state. In their majority opinion, the justices argued that Roe was wrongly decided in 1973, claiming the ruling went beyond what the Constitution allows.
Can Roe v. Wade be overturned again?
The Supreme Court could reverse the Dobbs decision, but it won't be easy. The landmark case Dobbs v. Jackson Women's Health Organization in 2022 effectively overturned the protections of Roe v. Wade, allowing states to set their own abortion laws and regulations.
Who overturned Roe vs. Wade?
The U.S. Supreme Court overturned Roe v. Wade in the 2022 case Dobbs v. Jackson Women's Health Organization, eliminating the federal constitutional right to abortion and returning regulatory power to individual states, a decision driven by the court's conservative majority, including three justices appointed by President Donald Trump, with Justice Alito writing the majority opinion.