Jonah Patel
In 1973, the U.S. Supreme Court case Roe v. Wade decriminalized abortion across the United States, ruling that the Constitution protects a woman's right to decide whether to terminate her pregnancy under the Fourteenth Amendment's concept of personal liberty and restrictions on state action. This decision was based on the right to privacy and freedom of personal choice in matters of marriage and family life, guaranteed by the Due Process Clause of the Fourteenth Amendment. However, Roe v. Wade was overturned in 2022 by Dobbs v. Jackson Women's Health Org., which struck down abortion-related laws in numerous states, leading to increased judicial oversight and restrictions on abortion access.
| Characteristics | Values |
|---|---|
| Year of ruling | 1973 |
| Case | Roe v. Wade |
| Amendment | Fourteenth Amendment |
| Clause | Due Process Clause |
| Overturned by | Dobbs v. Jackson Women's Health Org. |
| Year of overturning | 2022 |
| Overturning case | No. 19-1392 |
| Related cases | Doe v. Bolton, Planned Parenthood of Southeastern Pennsylvania v. Casey, Whole Woman's Health v. Hellerstedt, June Medical Services v. Russo |
| Related Amendments | Fifth Amendment |
| Related Acts | Hyde Amendment, Public Health Service Act |
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What You'll Learn
Roe v. Wade
The case reached the Supreme Court in 1970 when both sides appealed. The Supreme Court ruled in favour of McCorvey, recognising that the right to liberty in the Constitution, encompassing personal privacy, includes the right to decide whether to continue a pregnancy. The Court's decision relied on Justice Arthur Goldberg's 1965 concurrence in Griswold v. Connecticut.
The Roe v. Wade ruling was consistent with earlier Supreme Court rulings that recognised a right to privacy, protecting intimate and personal decisions from government interference. The decision also extended to states, which could not restrict abortion by making its performance a crime or by creating procedural barriers that made abortions unreasonably difficult to obtain.
In 2022, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Org., ruling that there is no federal constitutional right to abortion. This decision dramatically increased judicial oversight of abortion-related legislation, striking down aspects of abortion laws in numerous states.
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Dobbs v. Jackson Women's Health Org
In the United States, the 1973 Roe v. Wade ruling determined that the U.S. Constitution protects a woman's decision to terminate her pregnancy. The ruling was based on the right to privacy, which is founded in the Fourteenth Amendment's concept of personal liberty and restrictions on state action.
However, on June 24, 2022, the U.S. Supreme Court issued a ruling in Dobbs v. Jackson Women's Health Org., which overturned Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey. The Court held that the Constitution does not create a right to abortion and that stare decisis does not justify retaining Roe and Casey.
The case centred around a Mississippi law that generally prohibits abortions after the 15th week of pregnancy, several weeks before viability outside the womb. Abortion clinics and one of its doctors filed a suit alleging that the law violated Roe and Casey, arguing that the Constitution confers a right to obtain an abortion. The Court, through an opinion by Justice Alito, disagreed, stating that the Constitution makes no express reference to a right to obtain an abortion.
The Court's decision dramatically increased judicial oversight of legislation related to abortion, striking down aspects of abortion laws in numerous states, the District of Columbia, and the territories. The Court conducted a historical review of medical and legal views on abortion, finding that modern prohibitions lacked the historical foundation to be preserved from constitutional review.
The ruling has significant implications, removing the constitutional right to abortion and increasing the power of states to regulate abortion access.
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Fourteenth Amendment
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. It addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War.
The Fourteenth Amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions, including Roe v. Wade (1973). In Roe v. Wade, the Supreme Court recognized a substantive due process right to abortion, concluding that the U.S. Constitution protects a woman's decision to terminate her pregnancy. This decision was based on the Fourteenth Amendment's guarantee of a right to privacy and liberty, which includes the right to make personal decisions related to family, marriage, and childrearing.
The Roe v. Wade decision had significant positive impacts on women's socioeconomic standing and gender equality, enabling women to plan and control their reproductive choices, participate more fully in society, and attain higher levels of education, employment, and economic security. The decision established a trimester framework for the legality of abortions, giving women an absolute right to an abortion in the first trimester, with increasing state interest in protecting prenatal life in the second and third trimesters.
However, the trimester framework was later overturned in the 1992 Supreme Court case Planned Parenthood v. Casey, which gave states more leeway in regulating abortions in all three trimesters. Despite this, the justices reaffirmed a woman's right to abortion under Roe, stating that laws impacting abortion access must not impose an "undue burden" on women seeking abortions.
In 2020, the Supreme Court invalidated a Louisiana law requiring physicians performing abortions to have admitting privileges at a nearby hospital, concluding that it imposed an undue burden on women's access to abortion. However, in 2022, the Supreme Court overturned Roe v. Wade in the Dobbs v. Jackson Women's Health Organization case, stating that "a right to abortion is not deeply rooted in the Nation's history and traditions." This decision has sparked ongoing debates and efforts to strengthen reproductive rights.
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Fifth Amendment
In 1973, the Supreme Court held in Roe v. Wade that the Fifth Amendment's due process clause includes a right to privacy, and that this right applies to a woman's choice to have an abortion. The Court's decision rested on the conclusion that the right of privacy "founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action" encompassed a woman's decision to carry a pregnancy to term.
The Court's ruling in Roe v. Wade established a right of personal privacy protected by the Due Process Clause, guaranteeing a woman's right to determine whether or not to bear a child. This decision was based on a historical review of medical and legal views on abortion, finding modern prohibitions lacked a strong historical foundation. The Court also determined that the word "person" in the Due Process Clause does not include the unborn, and therefore they lack federal constitutional protection.
Following Roe v. Wade, several federal abortion restrictions were challenged as infringing on the analogous right guaranteed by the Fifth Amendment's Due Process Clause. The Court revisited the question of abortion regulations and their impact on women's access in subsequent cases, adopting an undue burden standard to evaluate these regulations. This standard aimed to reconcile the government's interest in potential life with a woman's right to decide on termination.
In 1991, the Court upheld the Hyde Amendment, which barred federal funding for abortions through Medicaid except in specific cases, as not violating the Due Process Clause of the Fifth Amendment. While the Court acknowledged that the liberty guaranteed by the Fifth Amendment protects a woman's freedom of choice, it did not confer a right to federal funding for abortions.
On June 24, 2022, the Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health, removing the constitutional protection for abortion rights established under the Fifth Amendment's due process clause.
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State abortion restrictions
In 1973, the Court ruled in Roe v. Wade that the U.S. Constitution protects a woman's decision to terminate her pregnancy. The ruling established that the right to privacy, founded in the Fourteenth Amendment's concept of personal liberty, encompasses a woman's decision to carry a pregnancy to term. However, in June 2022, the U.S. Supreme Court overturned Roe v. Wade, giving states the power to restrict or ban abortion.
Following the overturning of Roe v. Wade, abortion policies and reproductive rights have come under state jurisdiction. Currently, abortion is illegal in 12 states, creating "abortion deserts" where access to abortion care is severely limited. States with abortion bans often lack exceptions for pregnancies resulting from sexual assault or incest. For example, Indiana and Iowa have banned abortion, with limited exceptions to preserve the life and health of the pregnant woman or in cases of fatal fetal abnormalities. Missouri had a near-total abortion ban from 2022 to 2024, but it was later amended to allow abortion up to the point of fetal viability.
Some states have taken proactive measures to protect abortion rights and expand access. As of 2024, abortion is protected by state law in 21 states and the District of Columbia. Illinois, for instance, repealed all previous state restrictions and codified reproductive rights into state law through the Reproductive Health Act. Similarly, Ohio voters ratified an amendment establishing a constitutional right to abortion up to the point of fetal viability. Other states have expanded the types of healthcare providers who can lawfully provide abortion care by repealing physician-only laws.
While states have the primary authority to shape abortion policies, federal laws and court decisions also play a role. The Hyde Amendment, upheld by the Court, restricts the use of federal funds to pay for abortions through the Medicaid program. Additionally, the Court has applied the undue burden standard to abortion regulations, recognising the need to reconcile the government's interest in potential life with a woman's right to decide. In 2020, the Court invalidated a Louisiana law that imposed an undue burden on women seeking abortions by requiring performing physicians to have admitting privileges at nearby hospitals.
The landscape of abortion rights and restrictions in the United States continues to evolve, with ongoing litigation and policy debates at both the state and federal levels.
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Frequently asked questions
The Fourteenth Amendment, which protects an individual's right to privacy, was the basis for the Roe v. Wade ruling that decriminalized abortion in 1973.
Roe v. Wade was a Supreme Court case that decriminalized abortion nationwide and protected the right to access abortion legally.
Yes, in 2022, the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, eliminating the federal constitutional right to abortion.
