The trimester framework restricting state interference during the first trimester is part of which case?

The trimester framework restricting state interference during the first trimester is part of which case?

• A. Roe v. Wade (1973)
• B. U.S. v. Lopez (1995)
• C. Texas v. Johnson (1989)
• D. Bakke v. Regents (1978)

Answer: (A)

This question tests understanding of Roe v. Wade’s approach to abortion rights. Roe v. Wade held that a woman has a constitutional right to terminate a pregnancy as part of a privacy/liberty interest under the Due Process Clause of the 14th Amendment, at least up to viability. The trimester framework then used three stages to describe how the state could regulate or not regulate abortion: in the first trimester, the state cannot interfere with the abortion decision; the matter is between the woman and her physician. In the second trimester, the state may regulate abortions in ways related to protecting maternal health but cannot ban them. In the third trimester, after viability, the state may regulate or prohibit abortion, except when necessary to protect the life or health of the mother. Although this framework was later replaced in practice by the undue-burden standard in Planned Parenthood v. Casey, the first-trimester protection is a defining aspect of Roe’s framework.

This question tests understanding of Roe v. Wade’s approach to abortion rights. Roe v. Wade held that a woman has a constitutional right to terminate a pregnancy as part of a privacy/liberty interest under the Due Process Clause of the 14th Amendment, at least up to viability. The trimester framework then used three stages to describe how the state could regulate or not regulate abortion: in the first trimester, the state cannot interfere with the abortion decision; the matter is between the woman and her physician. In the second trimester, the state may regulate abortions in ways related to protecting maternal health but cannot ban them. In the third trimester, after viability, the state may regulate or prohibit abortion, except when necessary to protect the life or health of the mother. Although this framework was later replaced in practice by the undue-burden standard in Planned Parenthood v. Casey, the first-trimester protection is a defining aspect of Roe’s framework.