Why was Roe v Wade decided, when Roe had already had her baby and thus had no justiciable case according to the criteria you’re talking about?
“Why was Roe v Wade decided, when Roe had already had her baby and thus had no justiciable case according to the criteria you’re talking about?”
__
That’s a good question, and it was addressed directly in the decision:
“The usual rule in federal cases is that an actual controversy must exist at stages of appellate or certiorari review, and not simply at the date the action is initiated ... (citations omitted)
“But when, as here, pregnancy is a significant fact in the litigation, the normal 266-day human gestation period is so short that the pregnancy will come to term before the usual appellate process is complete. If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied. Our law should not be that rigid. Pregnancy often comes more than once to the same woman, and in the general population, if man is to survive, it will always be with us. Pregnancy provides a classic justification for a conclusion of nonmootness.”