{"id":355818,"date":"2016-04-04T10:46:14","date_gmt":"2016-04-04T15:46:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/healthcare\/patient-rights\/how-did-abortion-become-legal.html"},"modified":"2023-05-28T17:11:42","modified_gmt":"2023-05-28T22:11:42","slug":"how-did-abortion-become-legal","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/patient-rights\/how-did-abortion-become-legal.html","title":{"rendered":"How Did Abortion Become Legal?"},"content":{"rendered":"\n
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How Did Abortion Become Legal?<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Although abortions are part of healthcare, women in the United States haven’t always had the right to an abortion. Before 1973, states decided whether abortion would be legal within their borders.<\/p>\r\n

So how did abortion become legal nationwide? In a 1973 landmark decision, Roe v. Wade<\/i><\/a>, the U.S. Supreme Court decided that abortion was included in a woman’s right to privacy. Until 2022, abortion was a right under federal law. This changed in 2022 with the Dobbs v. Jackson Women’s Health<\/i><\/a> decision.<\/p>\r\n

In Dobbs<\/a><\/i>, the Supreme Court rolled back the federal protections of Roe<\/i>. The Court decided that states could decide about abortion care under their respective state law. This was a dramatic departure from Roe<\/i>.<\/p>\r\n

Roe v. Wade<\/h2>\r\n

<\/a>Roe v Wade<\/a><\/i> provided federal protections for women seeking abortion care since the Supreme Court’s 1973 decision.<\/p>\r\n

Norma McCorvey, the plaintiff, was an unmarried pregnant Texas woman with limited options. She sought an abortion under Texas law. However, abortion was not legal in Texas when she was pregnant. Under Texas law at the time, abortion services were only permitted if the mother’s health was in danger. McCorvey filed a federal lawsuit under the pseudonym "Jane Roe" to have this law declared unconstitutional. Roe argued that a law prohibiting her from obtaining an abortion violated her constitutional right to privacy.<\/p>\r\n

The U.S. Supreme Court, in a 7-2 vote, agreed with Roe that Texas’s law criminalizing abortion care violated her right to privacy.<\/p>\r\n

The right to privacy is not clearly stated in the Constitution. But three amendments in the Bill of Rights<\/a> imply this right. These amendments include the First, Fourth, and Fifth Amendments. The Court also held that states are interested in ensuring the safety and well-being of pregnant people and the potential of human life.<\/p>\r\n

The Court acknowledged that the rights of pregnant people may conflict with the state’s rights to protect potential human life. The Court defined the rights of each party by dividing pregnancy into three 12-week trimesters:<\/p>\r\n