Also known as: Roe vs. Wade · Roe v Wade
Written by attorneys · grounded in primary & secondary sources — see below
A 1973 Supreme Court decision recognizing a right to abortion under the Due Process Clause of the Fourteenth Amendment. The decision was overruled in 2022, returning regulatory authority over abortion to the states subject to rational basis review.
Renata Russo served on the board of a nonprofit that paid travel costs for low-income residents seeking in-state abortions. The state imposed fines after the organization assisted several women. The federal court upheld the fines because no federal constitutional right to abortion access exists.
Ryan Roberts challenged a state sodomy statute after arrest in his home. He argued the law intruded on personal liberty interests first recognized in Roe v. Wade. The Court struck down the statute as violating substantive due process protections for intimate choices.
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Ruby Rivera sought an abortion without notifying her husband under a state statute. The law required a signed statement confirming notice before the procedure. The Court evaluated whether the provision imposed an undue burden on the abortion decision.
Rosalind Reed, a pregnant woman, faced criminal penalties under a state law banning nearly all abortions. She sued state officials seeking to enjoin enforcement of the statute. The litigation tested whether the ban violated protected liberty interests under the Due Process Clause.
Roland Rhodes lived with his granddaughter in a home zoned only for nuclear families. City officials cited him for violating the ordinance and threatened eviction. The Court examined whether the restriction infringed on protected family living arrangements first recognized in Roe v. Wade.
Ricardo Rojas, convicted of murder committed at age seventeen, faced execution under state law. He argued that evolving standards of decency first recognized in Roe v. Wade barred capital punishment for juveniles. The Court considered whether the sentence violated the Eighth Amendment in light of national consensus.
The decision recognized a constitutional right to abortion under the Due Process Clause before viability. It established a trimester framework that limited state regulation. The holding was later modified and then overruled.
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The decision and its core holding were overruled. States regained authority to regulate or prohibit abortion subject only to rational basis review and other generally applicable constitutional limits. No federal constitutional right to abortion remains.
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Such laws are now reviewed under rational basis rather than heightened scrutiny. A state may penalize financial assistance for abortions if the measure is rationally related to a legitimate interest such as protecting potential life. Courts will uphold the laws absent an independent constitutional violation.
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Roe v. Wade <!-- acedexams opinion md v1 -- Case information - Court: Supreme Court of the United States - Citation: 410 U.S. 113 (1973) - Decided: January 22, 1973 - Judges:…