Roe v. Wade was a 1973 landmark U.S. Supreme Court decision that established a woman's constitutional right to an abortion that was overturned in 2022.
Roe v. Wade may also refer to:
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States generally protected a right to have an abortion. The decision struck down many abortion laws, and caused an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be. The decision also shaped debate concerning which methods the Supreme Court should use in constitutional adjudication.
Planned Parenthood v. Casey, 505 U.S. 833 (1992), was a landmark decision of the Supreme Court of the United States in which the Court upheld the right to have an abortion as established by the "essential holding" of Roe v. Wade (1973) and issued as its "key judgment" the restoration of the undue burden standard when evaluating state-imposed restrictions on that right. Both the essential holding of Roe and the key judgment of Casey were overturned by the Supreme Court in 2022, with its landmark decision in Dobbs v. Jackson Women's Health Organization.
The March for Life is an annual rally and march against the practice and legality of abortion, held in Washington, D.C., either on or around the anniversary of Roe v. Wade, a decision legalizing abortion nationwide which was issued in 1973 by the United States Supreme Court. The participants in the march have advocated the overturning of Roe v. Wade, which happened at the end of the case Dobbs v. Jackson Women's Health Organization on June 24, 2022. It is a major gathering of the anti-abortion movement in the United States and it is organized by the March for Life Education and Defense Fund.
Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.
Abortion in Illinois is legal. Laws about abortion dated to the early 1800s in Illinois; the first criminal penalties related to abortion were imposed in 1827, and abortion itself became illegal in 1867. As hospitals set up barriers in the 1950s, the number of therapeutic abortions declined. Following Roe v. Wade in 1973, Illinois passed a number of restrictions on abortion, many of which have subsequently been repealed. Illinois updated its existing abortion laws in June 2019. The state has seen a decline in the number of abortion clinics over the years, going from 58 in 1982 to 47 in 1992 to 24 in 2014.
Abortion in Delaware is legal up to the point of fetal viability. 55% of adults said in a poll by the Pew Research Center that abortion should be legal and 38% stated it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.
Abortion in the District of Columbia is legal at all stages of pregnancy. In 1971, in United States v. Vuitch, the U.S. Supreme Court upheld a law saying abortion was allowed for health reasons, which include "psychological and physical well-being". Consequently, the District of Columbia became a destination for women seeking abortions starting that year.
Abortion in Idaho is illegal from fertilization. Following the overturning of Roe v. Wade on June 24, 2022, abortion in Idaho was criminalized by the trigger law which states that a person who performs an abortion may face two to five years of imprisonment. The ban allows exceptions for maternal health, rape and incest within the first trimester. The law took effect on August 25, 2022.
As of 2024, abortion is currently illegal in Indiana. It's only legal in cases involving fatal fetal abnormalities, to preserve the life and physical health of the mother, and in cases of rape or incest up to 10 weeks of pregnancy. Previously abortion in Indiana was legal up to 20 weeks; a near-total ban that was scheduled to take effect on August 1 was placed on hold due to further legal challenges, but is set to take place, after the Indiana Supreme Court denied an appeal by the ACLU, and once it certifies a previous ruling, that an abortion ban doesn't violate the state constitution. In the wake of the 2022 Dobbs Supreme Court ruling, abortion in Indiana remained legal despite Indiana lawmakers voting in favor of a near-total abortion ban on August 5, 2022. Governor Eric Holcomb signed this bill into law the same day. The new law became effective on September 15, 2022. But on September 22, 2022, Special Judge Kelsey B. Hanlon of the Monroe County Circuit Court granted a preliminary injunction against the enforcement of the ban. Her ruling allows the state's previous abortion law, which allows abortions up to 20 weeks after fertilization with exceptions for rape and incest, to remain in effect.
Abortion in Maine is legal, although terminations after fetal viability can only be performed if a physician determines it to be medically necessary. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal, with 33% stating that it should be illegal in all or most cases.
Abortion in Massachusetts is legal at all stages of pregnancy, although terminations after the 24th week can only be performed if a physician determines it to be medically necessary. Modern Massachusetts is considered to be one of the most pro-choice states in the country: a Pew Research poll finding that 74% of residents supported the right to an abortion in all or most cases, a higher percentage than any other state. Marches supporting abortion rights took place as part of the #StoptheBans movement in May 2019.
As of July 1, 2023, abortion in North Carolina is currently legal during the first 12 weeks of pregnancy. In the case of rape or incest, abortion is legal through the 20th week of pregnancy. In the case of a "life-limiting" fetal abnormality, abortion is legal through the 24th week of pregnancy. If the woman's life is determined by a qualified physician to be at risk, abortion is legal at any stage of pregnancy.
Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".
Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.
Abortion in Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.
Abortion in California is legal up to the point of fetal viability. An abortion ban was in place by 1900, and by 1950, it was a criminal offense for a woman to have an abortion. In 1962, the American Law Institute published their model penal code, as it applied to abortions, with three circumstances where they believed a physician could justifiably perform an abortion, and California adopted a version of this code. In 2002, California passed a law guaranteeing women the right to have an abortion "prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman". In 2022, California voters overwhelmingly approved Proposition 1, which amended the Constitution of California to explicitly protect the right to abortion and contraception by a margin of 33.76%.
Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.
Abortion in Florida is currently legal up until a gestational age of 15 weeks, whilst an embryonic heartbeat ban set to take effect on May 1, 2024 restricts abortion after a gestational age of 6 weeks after the woman's last menstrual period. Both pieces of legislation were passed by the Florida House of Representatives and the Florida Senate, then signed into law by Governor Ron DeSantis.
Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. 215 (2022), is a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. The court's decision overruled both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), returning to individual states the power to regulate any aspect of abortion not protected by federal statutory law.
A series of ongoing protests supporting abortion rights and anti-abortion counter-protests began in the United States on May 2, 2022, following the leak of a draft majority opinion for the U.S. Supreme Court case Dobbs v. Jackson Women's Health Organization, which stated that the Constitution of the United States does not confer any Reproductive rights, thus overturning Roe v. Wade and Planned Parenthood v. Casey. On June 24, 2022, the Supreme Court officially overturned Roe and Casey in Dobbs, resulting in further protests outside of the U.S. Supreme Court building and across the country, eventually to major cities across the world both in favor of and against the decision.