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๐Ÿ‘ฉ๐Ÿพโ€โš–๏ธSupreme Court Unit 12 Review

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12.2 Reproductive rights and abortion jurisprudence

๐Ÿ‘ฉ๐Ÿพโ€โš–๏ธSupreme Court
Unit 12 Review

12.2 Reproductive rights and abortion jurisprudence

Written by the Fiveable Content Team โ€ข Last updated September 2025
Written by the Fiveable Content Team โ€ข Last updated September 2025
๐Ÿ‘ฉ๐Ÿพโ€โš–๏ธSupreme Court
Unit & Topic Study Guides

Roe v. Wade, a landmark 1973 case, established abortion as a constitutional right under the 14th Amendment. The decision sparked ongoing debate and political controversy, invalidating many state abortion bans and restrictions nationwide.

The Supreme Court's rulings on abortion rights have evolved over time. Planned Parenthood v. Casey (1992) replaced Roe's trimester framework with the undue burden test, while Dobbs v. Jackson Women's Health Organization (2022) overturned Roe, eliminating the federal right to abortion.

Constitutional Framework and Landmark Decisions

Impact of Roe v. Wade

  • Roe v. Wade (1973) landmark case challenged Texas abortion laws prohibiting abortion except to save mother's life
  • Constitutional basis rooted in right to privacy under 14th Amendment Due Process Clause extended to cover a woman's decision to have an abortion
  • 7-2 Supreme Court decision established abortion as a fundamental right
  • Invalidated many state abortion bans and restrictions nationwide (Alabama, Mississippi)
  • Shifted legal landscape sparking ongoing debate and political controversy (pro-choice vs pro-life movements)

Trimester framework in Roe

  • First trimester: State cannot regulate abortion, decision left to woman and physician
  • Second trimester: State can regulate only to protect maternal health (facility requirements)
  • Third trimester: State can regulate or prohibit abortion to protect potential life, exception for maternal health and life
  • Webster v. Reproductive Health Services (1989) upheld restrictions on use of public employees and facilities for abortions
  • Planned Parenthood v. Casey (1992) replaced trimester framework with undue burden test

Evolution of abortion rights rulings

  • Planned Parenthood v. Casey (1992) upheld central holding of Roe v. Wade
  • Undue burden test introduced: regulations imposing substantial obstacle to abortion deemed unconstitutional
  • Upheld 24-hour waiting period and parental consent requirements (Pennsylvania)
  • Struck down spousal notification requirement
  • Gonzales v. Carhart (2007) upheld federal ban on partial-birth abortion
  • Whole Woman's Health v. Hellerstedt (2016) struck down Texas law requiring abortion providers to have admitting privileges

Current state of abortion rights

  • Dobbs v. Jackson Women's Health Organization (2022) overturned Roe v. Wade and Planned Parenthood v. Casey
  • Eliminated federal constitutional right to abortion returning regulation to states
  • Trigger laws in some states banning or severely restricting abortion (Texas, Louisiana)
  • Other states codifying abortion rights into state law (New York, California)
  • Ongoing legal challenges to state abortion bans and restrictions
  • Debates over medication abortion access (mifepristone)
  • Increased state-by-state variation in abortion access
  • Possible interstate conflicts and federal interventions
  • Continued constitutional and legal debates shaping future of abortion rights