Roe v. Wade (1973) was one of the most consequential Supreme Court decisions in American history. For nearly 50 years, it shaped American law, politics, and culture. Its overturning in 2022 was equally consequential. This explainer breaks down what Roe was, what it said, and why it matters.
The Case
In 1969, a single pregnant woman in Texas named Norma McCorvey (using the pseudonym "Jane Roe") wanted an abortion but was unable to obtain one because Texas law prohibited the procedure except to save the mother's life. She filed suit against Henry Wade, the Dallas County district attorney, challenging the constitutionality of Texas's abortion laws.
The Decision
On January 22, 1973, the Supreme Court issued a 7-2 decision in favor of Roe. The Court ruled that the Constitution's right to privacy, found in the Fourteenth Amendment's Due Process Clause, extended to a woman's decision to have an abortion. The Court created a trimester framework:
- First trimester: The decision to abort was left entirely to the woman and her doctor
- Second trimester: States could regulate abortion only to protect the mother's health
- Third trimester: States could prohibit abortion, except when necessary to protect the mother's life or health
The Problems with Roe
Legal scholars, including many who personally supported abortion rights, criticized the Roe decision on several grounds:
- No constitutional basis: The Constitution does not mention abortion. The Court created a right that has no textual support in the document it was interpreting.
- Judicial overreach: By striking down abortion laws in all 50 states, the Court effectively legislated from the bench, removing the issue from the democratic process.
- Polarizing effect: Rather than settling the abortion debate, Roe intensified it, making compromise impossible and politicizing the Supreme Court.
Planned Parenthood v. Casey (1992)
In Casey, the Court reaffirmed Roe's central holding but replaced the trimester framework with a "viability" standard. Under Casey, states could not impose an "undue burden" on a woman's right to abortion before fetal viability. This standard governed abortion law for the next 30 years.
The Reversal
On June 24, 2022, in Dobbs v. Jackson Women's Health Organization, the Supreme Court overturned both Roe and Casey. The majority opinion, written by Justice Samuel Alito, held that the Constitution does not confer a right to abortion and that the authority to regulate the procedure is returned to the people and their elected representatives.
"Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences." — Justice Samuel Alito, Dobbs v. Jackson Women's Health Organization
What This Means Today
With Roe overturned, each state is free to set its own abortion policy. Some states have enacted strong pro-life protections. Others have codified abortion rights. The national debate has shifted from the federal courts to state legislatures — exactly where the Founders intended it to be.