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Roe v. Wade

Roe v.

By Ethan Anderson| Reviewed by Olivia Bennett, Standards & Fact-Checking Lead| Updated July 26, 2026|2 min read| Fact-checked

Roe v. Wade was a landmark 1973 decision of the U.S. Supreme Court that held the U.S. Constitution protected a qualified right to abortion before fetal viability. The case was brought by “Jane Roe” (Norma McCorvey) against Henry Wade, the Dallas County district attorney. The decision was overturned in 2022 by Dobbs v. Jackson Women’s Health Organization.

Background

The case challenged Texas laws that criminalized abortion except when necessary to save the pregnant woman’s life. Norma McCorvey, using the pseudonym Jane Roe, brought the lawsuit against Henry Wade, the Dallas County district attorney.

Supreme Court decision

In a 7–2 decision, the Supreme Court recognized a constitutional right to privacy that included the decision whether to have an abortion. The Court held that this right was not absolute and could be balanced against state interests in maternal health and potential human life. The decision established a trimester-based framework for abortion regulation.

Roe v. Wade transformed abortion regulation into a constitutional question and shaped U.S. abortion law for nearly 50 years. It became one of the most influential and contested U.S. constitutional law decisions of the 20th century, serving as a foundational precedent in debates over privacy, liberty, and reproductive rights.

Overruling in 2022

The Supreme Court overturned Roe v. Wade in 2022 with the decision Dobbs v. Jackson Women’s Health Organization. This eliminated the federal constitutional right to abortion that had been recognized in Roe. After Dobbs, abortion regulation was largely returned to the states.

Key facts

  • The case challenged Texas laws that criminalized abortion except when necessary to save the pregnant woman’s life.
  • The Supreme Court recognized a constitutional right to privacy that included the decision whether to have an abortion.
  • The Court also held that this right was not absolute and could be balanced against state interests in maternal health and potential human life.
  • The decision established a trimester-based framework for abortion regulation.
  • Roe v. Wade was overturned in 2022 by Dobbs v. Jackson Women’s Health Organization.
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Canadian context

Roe v. Wade is mainly relevant to Canadian readers as a major U.S. constitutional case that influenced international debates about abortion rights, privacy, and judicial review. It is often cited in Canadian discussions of reproductive rights even though Canada’s legal framework is different.

Frequently asked questions

What was Roe v. Wade?
It was a 1973 U.S. Supreme Court case that recognized a constitutional right to abortion before fetal viability.
Who were the parties in the case?
The plaintiff was “Jane Roe,” later identified as Norma McCorvey, and the defendant was Henry Wade, the Dallas County district attorney.
What constitutional principle did the Court rely on?
The Court relied on a right to privacy derived from the Fourteenth Amendment’s Due Process Clause.
Did Roe v. Wade allow abortion at any time?
No. The Court described the right as qualified and allowed greater state regulation as pregnancy advanced, especially after viability.
Is Roe v. Wade still good law?
No. It was overturned in 2022 by Dobbs v. Jackson Women’s Health Organization.
Why is the case historically important?
It became the central U.S. precedent on abortion rights and one of the most significant Supreme Court decisions on privacy and bodily autonomy.

References

  1. Oyez — https://www.oyez.org/cases/1971/70-18
    Supports: Case background, parties, holding, constitutional basis
  2. Encyclopaedia Britannica — https://www.britannica.com/event/Roe-v-Wade
    Supports: Decision date, holding, and 2022 overturning
  3. Cornell Law School — https://www.law.cornell.edu/wex/roe_v_wade_(1973)
    Supports: Core holding and pre-viability right to abortion
  4. Brennan Center for Justice — https://www.brennancenter.org/our-work/research-reports/roe-v-wade-and-supreme-court-abortion-cases
    Supports: Privacy rationale, viability framework, and overruling context
  5. Center for Reproductive Rights — https://reproductiverights.org/resources/roe-v-wade/
    Supports: Summary of the right recognized in Roe and its 2022 overturning
  6. PBS NewsHour — https://www.pbs.org/newshour/politics/what-is-roe-v-wade
    Supports: General overview of the case and its significance