Roe v. Wade
Roe v. Wade (1973)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Jane Roe (a pseudonym) challenged a Texas law that criminalized most abortions. The Supreme Court ruled 7–2 that the right to privacy under the Due Process Clause of the 14th Amendment encompasses a woman’s decision to have an abortion. The Court established a trimester framework balancing women’s rights with state interests.
3) Why It Mattered
Roe recognized abortion as a constitutional right, shaping reproductive rights law for nearly 50 years until it was overturned in Dobbs v. Jackson Women’s Health Organization (2022).
4) What It Provided or Took Away
- Provided: Constitutional protection for a woman’s choice to have an abortion during early stages of pregnancy.
- Took Away: States’ ability to ban abortion outright in the first trimester.
5) Overreach or Proper Role?
Critics argued it was judicial overreach by creating a new constitutional right not explicitly stated. Supporters saw it as proper enforcement of privacy and liberty protections.
6) Plain-English Impact Today
For decades, Roe guaranteed nationwide abortion access. Its reversal in Dobbs returned authority to regulate abortion to the states.