Legal Definitions - Roe v. Wade (1973)

Roe v. Wade is a Supreme Court case that established the right to an abortion as protected by the Constitution prior to the viability of the fetus. This means that individuals have the right to decide whether to terminate their pregnancy before the fetus can survive outside the womb.

A pregnant person in Texas wants to have an abortion during the first trimester of their pregnancy. Under Roe v. Wade, they have the right to do so without undue interference from the state.

However, in 2022, the Supreme Court reversed Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which means that states can now pass regulations for abortions "for legitimate reasons" and if presented with a constitutional challenge, the laws are entitled to a "strong presumption of validity."

A state passes a law requiring physicians who perform abortions to have admitting privileges at a nearby hospital and requiring abortion clinics in the state to have facilities comparable to an ambulatory surgical center. Under Roe v. Wade, this law would be considered an undue burden on abortion access and therefore unconstitutional. However, under the new standard set by Dobbs v. Jackson, the law may be considered valid if it is presented with a constitutional challenge.