Roe v. Wade [1973]

410 U.S. 113 (1973) · Supreme Court of the United States · United States

constitutional lawconstitutional lawreproductive law

Issue

Did the Constitution protect a right to choose abortion under the Due Process Clause?

Held

The Court recognized such a right; the holding was later overruled by Dobbs.

Exam use

Review the ratio and reasoning before applying this case in problem questions.

Summary

Essential historical precedent for substantive due process and reproductive rights debates.

Facts

A Texas abortion restriction was challenged under constitutional privacy principles.

Issue

Did the Constitution protect a right to choose abortion under the Due Process Clause?

Held

The Court recognized such a right; the holding was later overruled by Dobbs.

Ratio Decidendi

Roe is no longer controlling federal constitutional law after Dobbs.

Reasoning

The majority treated abortion choice as part of personal liberty and privacy, subject to state interests.

Essay-Ready Explanation Generator

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Reference to Roe v. Wade (410 U.S. 113 (1973)) strengthens a constitutional law answer because the case reflects the principle that Roe is no longer controlling federal constitutional law after Dobbs. Applied to a problem question, the case should be used after identifying the issue as Did the Constitution protect a right to choose abortion under the Due Process Clause? The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

Significance

Essential historical precedent for substantive due process and reproductive rights debates.

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Exam Tips

Review the ratio and reasoning before applying this case in problem questions.

Revision Checklist

  • Name the issue before discussing facts so the marker sees the legal question immediately.
  • State the holding in one sentence, then use the ratio to explain why the court reached that result.
  • Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
  • Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.

Sources