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. The Supreme Court overruled Roe in 2022, ending the constitutional right to abortion.
Norma Leah Nelson McCorvey, also known by the pseudonym "Jane Roe", was the plaintiff in the landmark American legal case Roe v. Wade in which the U.S. Supreme Court ruled in 1973 that individual state laws banning abortion were unconstitutional.
In the United States, abortion is a divisive issue in politics and culture wars, though a majority of Americans support access to abortion. Abortion laws vary widely from state to state.
Henry Menasco Wade was an American lawyer who served as district attorney of Dallas County from 1951 to 1987. He participated in two notable U.S. court cases of the 20th century: the prosecution of Jack Ruby for killing Lee Harvey Oswald, and the U.S. Supreme Court case that held abortion was a constitutional right, Roe v. Wade. In addition, Wade was district attorney when Randall Dale Adams, the subject of the 1988 documentary film The Thin Blue Line, was wrongfully convicted in the murder of Robert Wood, a Dallas police officer.
Sarah Catherine Ragle Weddington was an American attorney, law professor, advocate for women's rights and reproductive health, and member of the Texas House of Representatives. She was best known for representing "Jane Roe" in the landmark Roe v. Wade case before the United States Supreme Court. She also was the first female General Counsel for the US Department of Agriculture.
Doe v. Bolton, 410 U.S. 179 (1973), was a decision of the Supreme Court of the United States overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the better-known case of Roe v. Wade.
Amy Marie Madigan is an American actress. She was nominated for the Academy Award for Best Supporting Actress for the 1985 film Twice in a Lifetime. Her other film credits include Love Child (1982), Places in the Heart (1984), Field of Dreams (1989), Uncle Buck (1989), The Dark Half (1993), Pollock (2000), and Gone Baby Gone (2007).
Linda Nellene Coffee is an American lawyer living in Dallas, Texas. Coffee is best known, along with Sarah Weddington, for arguing the precedent-setting United States Supreme Court case Roe v. Wade.
Holly Hunter is an American actress. Hunter won the Academy Award for Best Actress for her performance as Ada McGrath in the 1993 drama film The Piano. She earned three additional Academy Award nominations for Broadcast News (1987), The Firm (1993), and Thirteen (2003). She won two Primetime Emmy Awards for Outstanding Lead Actress in a Limited Series or Movie for the television films Roe vs. Wade (1989) and The Positively True Adventures of the Alleged Texas Cheerleader-Murdering Mom (1993). She also starred in the TNT drama series Saving Grace (2007–2010).
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.
Abortion in Texas is illegal in most cases. There are nominally exceptions to save the mother's life, or prevent "substantial impairment of major bodily function", but the law on abortion in Texas is written in such an ambiguous way that life-threatening or harmful pregnancies do not explicitly constitute an exception. Attempts to clarify and codify these exceptions into law have been rejected by Republican lawmakers in Texas.
Abortion in Georgia is legal until 22 weeks of pregnancy. A previous 6-week ban made abortion illegal after detection of embryonic cardiac-cell activity, which typically begins in the fifth or sixth week after the onset of the last menstrual period (LMP), two to three weeks after implantation. However, this law was struck down by a Georgia superior court judge on September 30, 2024, stating that the law violated the Georgia state constitution. Georgia was the first state in the Southeastern United States to ease abortion restrictions.
Abortion in Louisiana is illegal as of August 1, 2022.
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 illegal in Indiana. It is 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, 2023, 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. However, 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 South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.
Abortion in Florida is generally illegal after six weeks from the woman's last menstrual period, when many women do not yet know they are pregnant. This law came into effect in May 2024, being approved by Republican Governor Ron DeSantis following its passage in the Florida House of Representatives and the Florida Senate, with only Republican state legislators supporting and only Democratic state legislators opposing. Additionally, pregnant women are generally required to make two visits to a medical facility 24 hours apart to be able to obtain an abortion, in a law approved by Republican Governor Rick Scott in 2015.
Dobbs v. Jackson Women's Health Organization, 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 the federal and state legislatures 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.
On December 13, 1971, during oral arguments before the United States Supreme Court in the abortion rights case Roe v. Wade, Texas assistant attorney general Jay Floyd prefaced his remarks with a reference to his opposing counsel, Sarah Weddington and Linda Coffee: "It's an old joke, but when a man argues against two beautiful ladies like this, they are going to have the last word." The joke was met with silence in the courtroom and, according to abortion rights lawyer Margie Pitts Hames, visible resentment from Chief Justice Warren E. Burger. Widely viewed as sexist and often considered "the worst joke in legal history", Floyd's attempt at humor has been cited by commentators including Justice Antonin Scalia as a cautionary tale about comedy in court.
