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Roe v. Wade

410 U.S. 113 (1973)

Court: U.S. Supreme Court
Decided: January 22, 1973
Docket: 70-18

Holding

The Court held that the Constitution protected a woman's qualified right to choose abortion, a rule later overruled by Dobbs.

What Happened

Texas criminal laws broadly banned abortion except when necessary to save the mother’s life. Jane Roe challenged those laws.

What the Court Decided

The Supreme Court held that the Due Process Clause protected a right broad enough to cover the abortion decision, subject to a framework tied to stages of pregnancy.

What It Means in Practice

Roe appears in this project mostly as a reference point in the conversation about precedent. It was one of the most famous constitutional decisions of the modern era, and it stood for nearly fifty years before the Court reversed it.

How You Can Use It

Use Roe together with Dobbs when the point is simple: even major precedents can be overruled.

How It Can Be Used Against You

Defendants may say the rise and fall of Roe tells you little about § 1983 specifically.

That is partly true. Its main value here is comparative. It shows the Court does sometimes abandon long-standing doctrine.

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