The Supreme Court decided Roe v. Wade on January 22, 1973, ruling 7–2 that the Constitution protects the right to choose an abortion. That federal protection held for nearly fifty years. The Court overturned it on June 24, 2022, in Dobbs v. Jackson Women’s Health Organization, returning the authority to regulate abortion to state legislatures.
The January 22, 1973 Ruling
Justice Harry Blackmun wrote the majority opinion for a seven-justice majority. The Court held that the Due Process Clause of the Fourteenth Amendment protects a right to privacy broad enough to cover the decision to end a pregnancy.1Cornell Law School. Jane Roe, et al., Appellants, v. Henry Wade The right was not absolute. It had to be balanced against the state’s interests in maternal health and potential life.
To draw that balance, the opinion set out a trimester framework. In the first trimester, the decision belonged to the pregnant person and her doctor without state interference. In the second trimester, the state could regulate abortion in ways related to maternal health. After viability in the third trimester, the state could prohibit abortion entirely, except when necessary to protect the life or health of the mother.1Cornell Law School. Jane Roe, et al., Appellants, v. Henry Wade
The same day, the Court decided a companion case, Doe v. Bolton, which struck down a Georgia law requiring hospital committee approval and multiple physician sign-offs. Together, the two decisions invalidated restrictive abortion laws across the country.2Justia U.S. Supreme Court Center. Doe v. Bolton, 410 U.S. 179 (1973)
How Casey Changed the Ruling in 1992
The trimester framework did not survive intact. On June 29, 1992, the Supreme Court decided Planned Parenthood of Southeastern Pennsylvania v. Casey. The Court kept Roe’s core holding that the Constitution protects the right to abortion before viability, but scrapped the rigid trimester structure.3Justia U.S. Supreme Court Center. Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992)
In its place, the Court adopted the “undue burden” standard. A state could regulate abortion before viability so long as the restriction did not place a substantial obstacle in the path of someone seeking the procedure. After viability, a state could ban abortion outright, provided it included exceptions for the life and health of the mother. Casey also replaced Roe’s strict scrutiny with a more flexible review, which in practice allowed states to enact waiting periods, informed consent requirements, and similar rules that would have been harder to sustain under the original framework.3Justia U.S. Supreme Court Center. Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992)
The June 24, 2022 Reversal
On June 24, 2022, the Supreme Court issued its 6–3 decision in Dobbs v. Jackson Women’s Health Organization, overturning both Roe and Casey and holding that the Constitution does not confer a right to abortion.4Supreme Court of the United States. Dobbs v. Jackson Women’s Health Organization Justice Samuel Alito wrote the majority opinion. Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissented.
The case arose from Mississippi’s Gestational Age Act, which banned most abortions after fifteen weeks of pregnancy. Lower courts had blocked the law as incompatible with the viability line drawn by Roe and Casey. The Supreme Court reversed, concluding that neither Roe nor Casey was grounded in the Constitution’s text, history, or structure. The majority held that the authority to regulate abortion belongs to elected legislatures, not the federal judiciary.5Supreme Court of the United States. Dobbs v. Jackson Women’s Health Organization
The practical effect was immediate. States with existing trigger laws designed to take effect if Roe were overturned began enforcing abortion bans within hours or days of the ruling. Other states moved to protect or expand access through their own constitutions and statutes. Abortion law now varies significantly depending on where a person lives.
Key Dates at a Glance
- January 22, 1973: The Supreme Court decides Roe v. Wade (7–2) and its companion case Doe v. Bolton, establishing a constitutional right to abortion.
- June 29, 1992: Planned Parenthood v. Casey replaces the trimester framework with the undue burden standard while preserving the core right.
- June 24, 2022: Dobbs v. Jackson Women’s Health Organization (6–3) overturns Roe and Casey, returning abortion regulation to state legislatures.