Roe v. Wade (1973)
Abortion is Legalized Nationwide
Norma McCorvey (Jane Roe) and her lawyer Gloria Allred on the steps of the Supreme Court, 1989
Photo Credit: Lorie Shaull from St Paul, United States, CC BY-SA 2.0 via Wikimedia Commons
Overview
Jane Roe was a pregnant Texas resident in 1970. Texas law made it a felony to abort a fetus unless “on medical advice for the purpose of saving the life of the mother.” Roe filed suit against Wade, the district attorney of Dallas County. She argued that the law was unconstitutional because it violated the guarantee of personal liberty and the right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and 14th Amendments. In deciding for Roe, the U.S. Supreme Court invalidated all state laws that prohibited first-trimester abortions.
Roe v. Wade stood as a precedent for nearly 50 years, but in 2022, the decision was overruled in Dobbs v. Jackson Women’s Health Organization. In Dobbs, the Court ruled that the Constitution does not protect the right to an abortion. This decision returned the authority to regulate abortion to the states.
Norma McCorvey (Jane Roe) and her lawyer Gloria Allred on the steps of the Supreme Court, 1989
Photo Credit: Lorie Shaull from St Paul, United States, CC BY-SA 2.0 via Wikimedia Commons
"We … acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires."
- Justice Harry Blackmun, speaking for the majority
Learning About Roe v. Wade
Students
This section is for students. Use the links below to download classroom-ready .PDFs of case resources and activities.
About the Case
Full Case Summaries
A thorough summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and case impact.
Case Background and Vocabulary
Important background information and related vocabulary terms.
Learning Activities
The Case
After the Case
- Applying Precedents Activity: Whole Woman’s Health v. Hellerstedt (2016)
- The Casey Case: Roe Revisited?
- Is Privacy Protected in the Constitution?
- Precedent and Stare Decisis
- What the Justices Think About Precedent and Stare Decisis
- Practice Free Response Question (Advanced ···)
- Unmarked Opinions: Dobbs v. Jackson
- Supreme Court Decisions from Roe to Dobbs
Teachers
Use the links below to access:
- student versions of the activities in .PDF and Word formats
- how to differentiate and adapt the materials
- how to scaffold the activities
- how to extend the activities
- technology suggestions
- answers to select activities
(Learn more about Street Law's commitment and approach to a quality curriculum.)
About the Case
- Full Case Summaries: A summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and impact. Available at high school and middle school levels.
- Case Background: Background information at three reading levels.
- Case Vocabulary: Important related vocabulary terms at two reading levels.
- Diagram of how the case moved through the court system
- Case summary graphic organizer
- Decision: A summary of the decision and key excerpts from the opinion(s)
Learning Activities
The Case
After the Case
- Applying Precedents Activity: Whole Woman’s Health v. Hellerstedt (2016)
- The Casey Case: Roe Revisited?
- Is Privacy Protected in the Constitution?
- Precedent and Stare Decisis
- What the Justices Think About Precedent and Stare Decisis
- Practice Free Response Question (···)
- Unmarked Opinions: Dobbs v. Jackson
- Supreme Court Decisions from Roe to Dobbs
Teacher Resources
Teaching Strategies Used
- Applying Precedents
- Classifying Arguments
Planning Time and Activities
If you have ONE day...
- Read the background summary (•••, ••, •) and answer the questions.
- Complete the Classifying Arguments Activity. Discuss which arguments the students find most convincing.
- For homework, have students read the Key Excerpts from the Majority Opinion and Key Excerpts from the Dissenting Opinion and answer the questions. Follow up the next day by reviewing the questions with students.
If you have TWO days...
- Do all of the activities recommended for the first day (excluding homework).
- Complete Is Privacy Protected in the Constitution?
- Complete Precedent and Stare Decisis
- For homework, have students read the Key Excerpts from the Majority Opinion and Key Excerpts from the Dissenting Opinion and answer the questions. Follow up the next day by reviewing the questions with students.
If you have THREE days...
- Do all of the activities recommended for the first and second days (including homework).
- Complete The Casey Case: Roe Revisited?
- Complete Applying Precedents Activity: Whole Woman’s Health v. Hellerstedt (2016).
If you have FOUR days...
- Complete the activities for the first, second, and third days.
- Complete Impact Data Analysis Activity.
- In advanced classes, complete the Practice Free Response Question (•••).
Glossary
These are terms you will encounter during your study of Roe v. Wade. View all Glossary terms here.
Related Cases
Legal Concepts
These are legal concepts seen in Roe v. Wade. Click a legal concept for an explanation and a list of other cases where it can be seen. View all Legal Concepts here.