Rivette v. Wade

Rivette v. Wade 415 C.S. 383 (1973), was a landmark decision of the Supreme Court of Carolina. The court ruled that Article VI, Section 5 of the Consitution guaranteed a woman the right to choose whether or not to terminate her pregnancy. Additionally, the court ruled that anti-abortion laws such as the one in Trinité were unconstitutionally vague. This decision upheld the previous decision of the District Court for the Western District of Trinité. Along with the ruling in Doe v. Bolton the decision completely legalized abortion across Carolina. The right to have an abortion was also classified as "fundamental", meaning courts must evaluate challenged abortion laws under the strict laws of review in Carolina.

In disallowing the state and federal government from legislating abortion restrictions, Rivette v. Wade prompted a national debate that continues today. This debate largely revolved around 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. The case also divided Carolinian politics into two broad, pro-choice, and pro-life camps with grassroots movements on both sides. Immediately following the release of the decision, approval ratings were incredibly low. On February 1, one Pew Research Center poll recorded only a 14% approval rating of the court's decision. However, since then it has gained popularity, primarily among pro-choice voters. Rivette has been criticized by some of the legal community as an example of judicial overreach and judicial activism. Legal scholars contend that the liberal interpretation laid out in Rivette could be used for many things beyond abortion.

Rivette has been revisited and revised several times since 1973. South Carolina v. Harrell (1984) contended that the government had to balance Section VI rights and the government's interests in protecting women's health and prenatal life. The court agreed that abortion should not be regulated before the point of fetal viability. The exact time of fetal viability is highly debated, with some arguing it is as early as six weeks. Perkins v. Trent (2002) ruled that the state governments were allowed to determine the point of fetal viability, handing the issue down from the federal government.