Roe v. Wade and Dobbs v. Jackson Women's Health Organization are two landmark Supreme Court cases that changed how abortion law is understood in the United States.
In 1973, Roe recognized a federal constitutional right to choose abortion before viability, based mainly on the Due Process Clause of the Fourteenth Amendment. In 2022, Dobbs overturned Roe and held that the Constitution does not protect a federal right to abortion. This shift matters because it changed who has primary authority over abortion regulation, moving much of that power back to state governments.
The constitutional debate centered on whether abortion rights are protected by liberty interests that are not named directly in the Constitution. Roe used a trimester framework to balance individual privacy and state interests, while later cases such as Planned Parenthood v. Casey replaced that framework with the undue burden test.
Dobbs rejected the reasoning of Roe and Casey, emphasizing text, history, tradition, and democratic decision making by legislatures. After Dobbs, abortion laws vary widely by state, depending on state constitutions, statutes, courts, and elections.
Key Facts
- Roe v. Wade was decided in 1973 by a 7 to 2 Supreme Court vote.
- Roe held that the Fourteenth Amendment protected a right to choose abortion before fetal viability.
- Roe used a trimester framework: stronger state regulation was allowed as pregnancy progressed.
- Planned Parenthood v. Casey in 1992 reaffirmed Roe's core holding but replaced the trimester framework with the undue burden test.
- Dobbs v. Jackson Women's Health Organization was decided in 2022 by a 6 to 3 Supreme Court vote on the main constitutional issue.
- Dobbs overruled Roe and Casey, returning primary authority over abortion regulation to the states and their voters.
Vocabulary
- Roe v. Wade
- A 1973 Supreme Court case that recognized a federal constitutional right to choose abortion before viability.
- Dobbs v. Jackson Women's Health Organization
- A 2022 Supreme Court case that overturned Roe v. Wade and held that the Constitution does not protect a federal right to abortion.
- Fourteenth Amendment
- A constitutional amendment that includes the Due Process Clause, which has been used in cases involving personal liberty and privacy.
- Viability
- The point in pregnancy when a fetus is generally considered able to survive outside the womb with medical support.
- Precedent
- A previous court decision that guides how courts decide similar legal questions in the future.
Common Mistakes to Avoid
- Saying Roe legalized abortion in every circumstance is wrong because Roe allowed states to regulate abortion more heavily later in pregnancy and after viability.
- Saying Dobbs made abortion illegal nationwide is wrong because Dobbs returned the issue mainly to states, which can choose different rules within constitutional limits.
- Confusing Roe with Casey is wrong because Roe created the trimester framework, while Casey kept Roe's core right but changed the legal test to undue burden.
- Assuming Supreme Court precedent can never be overturned is wrong because the Court can overrule earlier decisions when a majority concludes they were wrongly decided.
Practice Questions
- 1 Roe was decided in 1973 and Dobbs was decided in 2022. How many years passed between the two decisions?
- 2 Roe was decided by a 7 to 2 vote. Dobbs was decided 6 to 3 on the main constitutional issue. For each case, what fraction of the justices were in the majority?
- 3 Explain how the legal authority over abortion regulation changed after Dobbs compared with the system under Roe and Casey.