U.S. Supreme Court Draft Opinion Overturning Roe v. Wade

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SUPREME COURT OF THE UNITED STATES
No. 19-1502
THOMAS E. DOBBS, STATE HEALTH OFFICER OF
THE MISSISSIPPI DEPARTMENT OF HEALT
ET AL, PETITIONERS v. JACKSON WOMEN'SH,
HEALTH ORGANIZATION, FT AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
obruary _ 2022)
JUSTICE ALITO delivered the opinion of the Court.
Abortion presents a profound moral issue on which Amer.
icans hold sharply conflicting views. Some belive forvent ly
that a human person comes into being at conception and
that abortion ends an innocent life. Others feel just as
strongly that any regulationofabortion invades a woman's
right to control her own body and prevents women from
achieving full equality. Still others in a third group think
that abortion should be allowed under some but not all cir-
cumstances, and those within this group holda variety
views about the particular restrictions that should be im-of
posed.
For the first 185 yearsafterthe adoptionof the Constitu.
tion, each State was permitted to address this issue ac.
cordance with the viewsofits citizens. Then, in 1973,inthis
CourtdecidedRoe v. Wade, 410 U. S. 113. Even though the
Constitution makes no mentionofabortion, the Court held
that it confers a broad right to obtain one. It did not claim
that American law or the common law had ever recognized
2 DOBBS u. JACKSON WOMEN'S HEALTH ORGANIZATION
Opinionofthe Court
such a right, and its survey of history ranged from the con-
stitutionally irrelevant (e.g. its discussionof abortion in an.
tiquity) to the plainly incorrect (c.g, its assertion that abor-
tion was probably never a crime under the common law).
After cataloguing a wealth of other information having no
bearing on the meaning of the Constitution, the opinion
concluded with a numbered set ofrules much like those that
‘might be found in a statute enacted bya legislature.
Under this scheme, cach trimesterof pregnancy was reg-
ulated differently, but the most critical line was drawn at
roughly the endofthe second trimester, which, at the time,
corresponded to the point at which a fetus was thought to
achieve “viability,” ic., the ability to survive outside the
womb. Although the Court acknowledged that States had
a legitimate interest in protecting “potential life,” it found
that this interest couldnot justify any restriction on previ-
ability abortions. The Court did not explain the basis for
this line, and even abortion supporters have found it hard
to defend Roe's reasoning. One prominent constitutional
scholar wrote that he “would vote for a statute very much
like the one the Court endfed) up drafting”if he were “a
legislator,” but his assessment of Roe was memorable and
brutal: Roe was “not constitutional law” at all and gave al-
most no sense of an obligation to try to be.”
At the timeofRoe, 30 States still prohibited abortion at
all stages. Tn the years prior to that decision, about a third
of the States had liberalized their laws, but Roe abruptly
ended that political process. It imposed the same highly
restrictive regime on the entire Nation, and it effectively
struck down the abortion lawsofevery single State? As
Justice Byron White aptly put it inhisdissent, the decision
1Boe,410U.S. at 163.
21. Ely, Tho WagesofCrying Wolf: A Comment on Roo v. Wade, 82
Yale J. 920,926, 947 (1973) (Ely).
#1. Tribe, Foreword: Toward A ModelofRolosin the Dus Process of
Lifeand Law, 87 Harv. L. Rev. 1, 2 (1973) (Tribe).
Citeas: __U.S.__@0) 3
Opinionof the Court
represented the “exercise of raw judicial power,” 410 U. S.,
at 222, and it sparked a national controversy that has em.
bittered our political culture for a half-century.
Eventually, in Planned Parenthoodof Southeastern Pa. v.
Casey, 505 U. S. 833 (1992), the Court revisited Roe, but the
members of the Court split three ways. Two Justices ex-
pressed no desire to change Roe in any way.® Four others
wanted to overrule the decision in its entirety.s And the
three remaining Justices, whojointly signed the controlling
opinion, took a third position” Their opinion did not en-
dorse Roe's reasoning, and it even hinted that one or more
ofits authors might have “reservations” about whether the
Constitution protects a right to abortion. But the opinion
concluded that stare decisis, which calls for prior decisions
to be followed in most instances, required adherence to
what it called Roe's “centralholding"—that a State may not
constitutionally protect fetal life before “viability’—even if
that holding was wrong? Anything less, the opinion
claimed, would undermine respect for this Court and the
rule of law.
Paradoxically, the judgment in Casey did a fair amount
of overruling. Several important abortion decisions were
«Soo R. Ginsburg, Spoaking in a Judicial Voice, 67 N.Y. U. L. Rev.

1185, 1208 (1992) Coe... halted a political process that was movingia
a reform direction and thereby, I believed, prolonged divisiveness and
deforred stablo settlementofthe isuc.).
© See 505 U.S, at 911 (Stevens, J., concurring and dissenting
inpart), id, at 932 Blackmun, J., concurring in inpart
part, concurring
in the
judgment in part, and dissonting in part).
©See 505 U.S, at 944 (Rehnquist, C.J, concurring in the judgment
in part and dissenting in paro); id, at 979 (Scali, J, concurring in the
judgmont in part and dissenting ia part).
See 505 U.S, at 843 (plurality opinion of O'Connor, Kennedy, and
Souter, 11).
$505 U.S. at 853.
#505 U.S. ut 860 (plurality opinion).
Opinionofthe Court
overruled in toto, and Roeitselfwas overruled in part.©* Ca-
sey threw out Roe's trimester scheme and substituted a new
rule of uncertain origin underwhich States were forbidden
to adopt any regulation that imposed an “undue burden” on
a woman's right to have an abortion.!! The decision pro-
vided no clear guidance about the difference between a
“due” and an “undue” burden. But the three Justices who
authored the controlling opinion “callled] the contending
sides of a national controversy to end their national divi.
sion” by treating the Court's decision as the final settlement
of the questionofthe constitutional rightto abortion. 12
As has become increasingly apparent in the intervening
years, Casey did not achieve that goal. Americans continue
to hold passionate and widely divergent views on abortion,
and state legislatures have acted accordingly. Some have
recently enacted laws allowing abortion, with few re-
strictions, at all stages of pregnancy. Others have tightly
restricted abortion beginning well before viability. And in
this case, 26 States have expressly asked this Court to over-
rule Roe and Casey and allow the States to regulate or pro-
hibit pre-viability abortions.
Before us now is one such state law. The State of Missis-
sippi asks us to uphold the constitutionality of a law that
generally prohibits an abortion after the fifteenth week of
pregnancy—several weeks before the point at which a fotus
is now regarded as “viable” outside the womb. In defending
this law, the States primary argument is that we should
reconsider and overrule Roe and Caseyandonce again allow
cach State to regulate abortion as ts citizens wish. On the
other side, respondents and the Solicitor General ask us to
505 U.S, at 861, 870, 873 (overruling Akron v. Akron Center
Reproductive Health, Tne. 462 U.S. 416 (1983), and Thornburgh forv.
American College of Obsitricians and. Gynecologists, 476 U.S. 747
1586),
£1505 U. S., at 874 (plurality opinion).
2Casey,505U.S, at 567.
Citeas: __U.S.__@0) 5
Opinion of the Court
reaffirm Roe and Casey, and they contend that the Missis-
sippi law cannot standif we do so. Allowing Mississippi to
prohibit abortions after 15 weeks ofpregnancy, they argue,
“would be no different than overruling Casey and Roe en:
tirely.” Brief for Respondents 43. They contend that “no
halfmeasures” are available and that we must cither rea-
firm or overrule Roe and Casey. Id., at 50.
‘We hold that Roe andCasey must be overruled. The Con-
stitution makes no reference to abortion, and no such right
is implicitly protected by any constitutional provision, in-
cluding the one on which the defenders of Roe and Casey
now chiefly rely—the Due Process Clauseofthe Fourteenth
Amendment. That provision has been held to guarantee
some rights that are not mentioned in the Constitution, but
any such right must be “deeply rooted in this Nation's his-
tory and tradition” and “implicit in the concept of ordered
liberty.” Washington v. Glucksberg, 521 U. S. 702, 721
(1997) (internal quotation marks omitted)
The right to abortion docs not fall within this category.
Until the latter part of the 20th century, sucha right was
entirely unknown in American law. Indeed, when the Four-
teenth Amendment was adopted, three quarters of the
States made abortiona crime at all stages of pregnancy.
The abortion right is also critically different from any other
right that this Court has held to fall within the Fourteenth
Amendment's protectionof “liberty.” Roe's defenders char-
acterize the abortion right as similar to the rights recog-
nized in past decisions involving matters such as intimate
sexual relations, contraception, and marriage, but abortion
is fundamentally different, as bothRoe and Casey acknowl-
edged, becausite destroys what those decisions called “fetal
life” and what the law now before us describes as an “un-
born human being"
Stare decisis, the doctrine on which Casey's controlling
5 Miss CodeAnn. S414L191(40).
6 DOBBS u JACKSON WOMEN'S HEALTH ORGANIZATION
Opinionofthe Court
opinion was based, does not compel unending adherence to
Roe's abuse of judicial authority. Roe was egregiously
wrong from the start. Its reasoning was exceptionally
weak, and the decision has had damaging consequences.
And far from bringing about a national settlement of the
abortion issue, Roe and Casey have enflamed debate and
deepened division.
It is time to heed the Constitution and return the issue of
abortion to the people's elected representatives. “The per-
missibility of abortion, and the limitations, upon it, are to
be resolved like most important questions in our democ-
racy: by citizens trying to persuade one another and then
voting.” Casey, 505 U.S. at 979 (Sealia, J, concurring in
the judgment in part and dissenting in part). That is what
tho Constitution and the rule of law demand.
1
The law at issue in this case, Mississippi's Gestational
Age Act, see Miss. Code Ann. §41-41-191, contains this
central provision: “Except in a medical emergency or in the
case ofa severe fetal abnormality, a person shall not inten-
tionally or knowingly perform or induce an abortion of an
unborn human beingifthe probable gestational ageof the
unborn human being has been determined to be greater
than fifteen (15) weeks.” §4().1
To support this Act, the legislature made a series of fac-
tual findings. Tt began by noting that, at the timeofenact-
ment, only six countries besides the United States “per-
mitfted] nontherapeutic or elective _abortion-on-demand
after the twentieth week of gestation.”'* §2(a). The legisla-
ture then found that at five or six weeks’ gestational age an
4 ThoAct defines ‘gestational age”tobo“tho agoofan unborn human
being ascalculatedfrom the firsdayofthelast menstrual period of ho
pregnant woman.” $300.
15 Those other six countries woro Canad, China, the Netherlands,
North ores, Singapore, and Vietnam. Soo A. Baglin, Charlotte Lorier
Citeass __U.S.__ 0) i
Opinion ofthe Cour:
“unborn human beings heart begins beating?” at eight
weeks the “unborn human being begins to move in the
womb” at nine weeks “all basic physiological functions are
present;” at ten weeks “vital organs begintofunction,” and
“[hair, fingernails, and toenails begin to form;” at leven
weeks “an unborn human beings diaphragm is developing,”
and he or she “may move about freely in the womb;" and at
twelve weeks the “unborn human being” has “taken on the
human form in all relevant respects.” §2()G) (quoting
Gonzales v. Carhart, 560 U. S. 124, 160 (2007). It found
that most abortions after fifteen weeks employ “dilation
and evacuation procedures which involve the useof surgical
instrumentsto crush and tear the unborn child,” anditcon-
cluded that the “intentional commitment of such acts for
nontherapeutic or elective reasons is a barbaric practice,
dangerous for the maternal patient, and demeaning to the
medical profession.” §2(b)Gi).
Respondents are an abortion clinic, Jackson Women's
Health Organization, and one ofits doctors. On the day the
Gestational Age Act was enacted, respondents filed suit in
federal district court against. various Mississippi officials,
alleging that the Act violated this Court's precedents estab-
lishing a constitutional right to abortion. The District
Court granted summary judgment in favor of respondents
and permanently enjoined enforcement of the Act, reason-
ing that “viability marks the earliest point at which the
State's interest in fetal lif is constitutionally adequate to
justify a legislative ban on nontherapeutic abortions’ and
Institute, Gestational Limits on Abortioninthe United States Compared
to International Norms, 6.7 (2014) Isth United Statesoneofsevencoun-
tries that ‘alow elective abortions aftr 20 weeksofpregnancy? Wash.
Post (Oct. 8, 2017) (stating that the claim made by the Mississippi Log.
lature and the Charlot Loior Institut was “backed by data”). A
moro recent compilation cefrom tho Centerfore Reproductive Rights indie
cates that Leeland and Guinca- Bissau are now also similarly permisaive
‘SosTho World's Abortion Laws, Cont or ReproductiveRight (Fe, 23,
2021) Gast accessed Jan. 16, 2022),
8 DOBBSu. JACKSON WOMEN'S HEALTH ORGANIZATION
Opinion ofthe Court.
that fifteen weeks’ gestational age is “prior to viability.”
349 F. Supp. 3d. 536, 539-540 (SD Miss 2019) (internal quo-
tation marks and citation omitted). The Fifth Circuit af.
firmed. 945 F. 3d 265 (CAS 2019).
We granted certiorari to resolve the question whether “all
pre-viability prohibitions on elective abortions are uncon-
stitutional.” Pet. for Cert. at i. Petitioners’ primary defense
ofthe Mississippi Gestational Age Act is that Roe and Casey
‘were wrongly decided and that ‘the Act is constitutional bo-
cause it satisfies rational-basis review.” Brieffor Petition-
ers 49. Respondents answer that allowing Mississippi to
ban pre-viability abortions “would be no different than over-
ruling Casey and Roe entirely.” Brief for Respondents 43.
They tell us that “nohalfmeasures” are available: we must
either reaffirm or overrule Roe and Casey. Id., at 50.
mn
‘We begin by considering the critical question whether the
Constitution, properly understood, confers a right to obtain
an abortion. Skipping over that question, the controlling
opinion in Casey reaffirmed Roe's “central holding” based
solely on the doctrineof stare decisis, but as we will explain,
‘proper application of stare decisis required an assessment
ofthe strength of the grounds on which Roe was based. See
infra, at_~_.
We therefore turn to the question that the Caseyplurality
did not consider, and we address that question in three
steps. First, we explain the standard that our cases have
used in determining whether the FourteenthAmendment's
reference to “liberty” protects a particular right. Second,
we examine whether the right at issue in this case is rooted
in our Nation's history and tradition and whether it is an
essential component ofwhat we have described as “ordered
liberty.” Finally, we consider whether a right to obtain an
abortion is supported by other precedents.
Giteas __US__(0) 9
Opinionofthe Court
A
1
Constitutional analysis must begin with “the language of
the instrument,” Gibbons v. Ogden, 9 Wheat. 1, 186-189
(1824), which offers a “fixed standard” for ascertaining
what our founding document means, J. Story, Commen-
taries on the Constitution §399 (1833). The Constitution
makes no express reference toa rig toobtain
ht an abortion,
and therefore those who claim that it protects such a right
must show that the right is somehow implicit in the consti-
tutional text.
Roe, however, was remarkably loose in its treatment of
the constitutional text. It held that the abortion right,
which is not mentioned in the Constitution, is part ofa right
to privacy, which is also not mentioned. See 410 U.S, at
152-153. And that privacy right, Roe observed, had been
found to spring from no fewer than five different constitu-
tional provisions—the First, Fourth, Fifth, Ninth, and
Fourteenth Amendments. Id, at 152.
The Court's discussion left open at least three ways in
which some combination of these provisions could protect
the abortion right. One possibility wasthatthe right was
“founded .. . in the Ninth Amendment's reservation of
rights to the people.” d., at 13. Another was that the
right was rooted in the First, Fourth, or Fifth Amendment,
or in some combination of those provisions, and that this
right had been “incorporated” into the Due Process Clause
of the Fourteenth Amendment just as many other Bill of
Rights provisions had by then been incorporated. Ibid; see
also McDonald v. Chicago, 561 U.S. 742, 763-766 (2010)
(plurality opinion) (discussing incorporation). And a third
path was that the First, Fourth, and Fifth Amendments
played no role and that the right was simply a component
of the “liberty” protected by the Fourteenth Amendment's
Due Process Clause. 410 U.S, at 153. Roe expressed the
10 DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION
Opinionofthe Court
“feelling]" that the Fourteenth Amendment was the provi-
sion that did the work, but its message seemed to be that
the abortion right could be found somewhere in the Consti-
tution and that specifying its exact location was not of par-
‘amount importance. The Casey Court did not defend this
unfocused analysis and instead grounded its decision solely
on the theory that the right to obtain an abortion is part of
the “liberty” protected by the Fourteenth Amendment's Duc
Process Clause.
We discuss this theory in depth below, but before doing
50, we briefly address one additional constitutional provi-
sion that some of respondents’ amici have now offered as
yet another potential home for the abortion right: the Four-
teenth Amendment's Equal Protection Clause. See Brioffor
the United States as Amicus Curiae 24; see also Brief of
Equal Protection Constitutional Law ScholarsasAmici Cu-
riae. Neither Roe nor Casey saw fit to invoke this theory,
and it is squarely foreclosed by our precedents, which cs.
tablish that a States regulation of abortion is not a sex-
based classification and is thus not subject to the “height-
ened scrutiny” that applies to such classifications.” The
regulationof a medical procedure that only one sex can un-
dergo does not trigger heightened constitutional scrutiny
unless the regulation is a “mere pretext(] designed to effect
an invidious discrimination against membersof one sex or
the other.” Geduldig v. Aiello, 417 U. S. 484, 496 n. 20
(1974). And, as the Court has stated, the “goal of prevent-
ing abortion” does not constitute “invidiously discrimina-
tory animus against women." Brayv. Alexandria Women's
14 Tho Courts words wore as follows: “This ightofprivacy, whetherit
be founded in the Fourteenth Amendment's concoptofpersonal liberty
and restrictions upon state action,aswofool iti,o, aatheDistrict Court
determined, in the Ninth Amendment’ reservation ofrightsto the pec-
ple,ibroad enough to encompass awoman's decision whether or not to
torminato horprognancy” 110U.S, at 153,
See, 0.7,Sessions v. Morales-Santana, 137 S. Ct. 1678, 1689 (2017)
Citeas: U.S. 0) n
Opinionofthe Court
Health Clinic, 506 U. S. 263, 273-274 (1993) (internal quo-
tation marks omitted). Accordingly, laws regulating or pro-
hibiting abortion are not subject to heightened scrutiny.
Rather, they are governed by the same standard of review
as other health and safety measures. i
‘With this new theory addressed, we turn to Casey's bold
‘assertion that the abortion right is an aspectofthe “liberty”
protected by the Due Process Clause of the Fourteenth
Amendment, 505 U. S, at 846;Brieffor Respondents 17;
Brief for United States as Amicus Curiae 21-22,
2
The underlying theory on which this argument rests—
that the Fourteenth Amendment's Due Process Clause pro-
vides substantive, as well as procedural, protection for “lib-
erty’—has long been controversial. But our decisions have
held that the Due Process Clause protects two categories of
substantive rights.
The first consists of rights guaranteed by the first eight
amendments. Those amendments originally applied only to
the federal government, Barron ex rel. Tiernan v. Mayor of
Baltimore, T Pet. 243, 247-251 (1833) (opinionof Marshall,
C.J), but this Court has held that the Due Process Clause
of the Fourteenth Amendment “incorporates” the great ma-
jority of those rights and thus makes them equally applica-
ble to the States. See McDonald, 561 U.S, at 763-767 &
nn. 12-13. The second category—which is the one in ques-
tion here—comprises a select list of fundamental rights
that are not mentioned anywhere in the Constitution.
In deciding whether a right falls into either of these cat-
egories, the Court has long asked whether the right is
“deeply rooted in [our] history and tradition” and whether
it is essential to our Nation's “schemeof ordered Liberty.”
15 Wo discusthisstandard in PartVof this opinion.

12 DOBBSv.JACKSON WOMEN'S HEALTH ORGANIZATION
Opinionofthe Court
Timbs v. Indiana, 586 U.S. __ (2019) (slip op. at 3) (inter-
nal quotation marks omitted); McDonald, 561 U. S., at 764;
Gluchsberg, 521 U.S. at 721 (1997).% And in conducting
this inquiry, we have engaged in a careful analysisof the
history of the right at issue.
Justice Ginsburg’s opinion for the Court in Timbs v. In-
diana, supra, is a recent example. In concluding that the
Eighth Amendment's protection against excessive fines is
“fundamental to our schemeofordered liberty” and “deeply
rooted in this Nation's history and tradition,” 568 U.S, at
__ (slip op., at 7) (citation omitted), her opinion traced the
right back to Magna Carta, Blackstone's Commentaries,
and 35 of the 37 state constitutions in effect at the ratifica.
tion of the Fourteenth Amendment. 1d. at__ (slip op., at
3).
A similar inquiry was undertaken in McDonald, supra,
which held that the Fourteenth Amendment protects the
right to keep and bear arms. The lead opinion surveyed the
origins of the Second Amendment, the debates in Congress
about the adoptionofthe FourteenthAmendment, the state
constitutions in effect when that Amendment was ratified
(at least 22 of the 37 States protected the right to keep and
bear arms), federal laws enacted during the same period,
and other relevant historical evidence. 561 U.S, at 767-
777. Only then did the opinion conclude that “the Framers
and ratifiers of the Fourteenth Amendment counted the
right to keep and bear arms among those fundamental
rights necessary to our system of ordered liberty.” 561
Sewalso, eg,Duncanv.Louisiana,391 US. 145,148(1965) asking.

‘whetlier “a righ is among those fundamental principles of liberty and
justice which i atthebuseofourciviland politcal institutions”): Palko
. Connecticut,302 U.S. 319,327 (1837) (requiring “a principle ofjustice
50 rooted in tho traditions and conscionoof our people as to bo ranked
28 fundamental” (quoting Snyder v. Massachusetts, 291 U.S. 97, 105
1934).
Citas: __US.__@0) 13
Opinion of the Court.
U.S, at 778; see also id. at 822-850 (THOMAS, J, concur-
ring in part and concurring inthe judgment) (surveying his-
tory and reaching the same result under Fourteenth
Amendment's Priviloges or Immunities Clause).
Timbs and McDonald concerned the question whether
the Fourteenth Amendment protects rights that arc ex-
pressly set out in the BillofRights, and it would be anom-
alousif similar historical support were not required when a
putative right is not mentioned anywhere in the Constitu-
tion. Thus, in Glucksberg, which held that the Due Process
Clause does not confer a right to assisted suicide, the Court
surveyed more than 700 yearsof “Anglo-American common
law tradition,” 521 U. S., at 710, and made clear that a fun-
damental right must be “objectively, deeply rooted in this
Nation's history and tradition,” id., at 720-721.
Historical inquiries of this nature are essential when-
ever we areasked to recognize a new component ofthe “lib
erty” protected by the Due Process Clause because the term
“liberty” alone provides little guidance. “Liberty” is a capa-
cious term. As Lincoln once said: “We all declare for Lib-
erty; but in using the same word we do not all mean the
same thing” In a well-known essay, Isaiah Berlin re.
ported that “[hlistoriansofideas” had catalogued more than
200 different senses in which the terms had been used.
Tn interpreting what is meant by the Fourteenth Amend-
ment’s reference to “liberty,” we must guard against the
natural human tendency to confuse what that Amendment
protects with our own ardent views about the liberty that
Americans should enjoy. That is why the Court has long
been “reluctant” to recognize rights that are not mentioned
in the Constitution. Collins v. Harker Heights, 503 U. S.
115,125 (1992). “Substantive due processhasat times been
27 The Collected WorksofAbraham Lincoln, Address at a Sanitary
Fair, at 301 (April 18, 1864)
41. Berlin, Four Essays on Liberty 121 (1965).
Opinion ofthe Court
a treacherous field for this Court,” Moore v. East Cleveland,
431 U.S. 494, 503 (1977) (plurality opinion), and it has
sometimes led the Court to usurp authority that the Con-
stitution entrusts to the people's elected representatives.
Sec Regents of Univ. ofMich. v. Ewing, 474 U. S. 214, 225~
226 (1985). As the Court cautioned in Glucksberg, “[wle
must... exercise the utmost care whenever we are asked
to break new ground in this field, lest the liberty protected
by the Due Process Clause be subtly transformed into the
policy preferencesof the Members of this Court.” 521 U. S.,
at 720 (internal citation and quotation marks omitted).
On occasion, when the Court has ignored the “[alppropri-
ate limits’ imposed by “respect for the teachingsof history,”
Moore, 431 U.S., at 503, it has fallen into the freewheeling
judicial policymaking that characterized discredited deci-
sions such as Lochner v. New York, 198 U. S. 45, 25 (1905).
The Court must not fall prey to such an unprincipled ap-
proach. Instead, guided by the history and tradition that
‘map the essential componentsofour Nation's conceptofor-
dered liberty, we must ask what the Fourteenth Amend-
ment means by the term “liberty.” When we engage in that
inquiry in the present case, the clear answer is that the
Fourteenth Amendment does not protect the right to an
abortion.®
That itrueregardlessofwhethor weloktotheAmendment's Due
Process Clause or ita Privileges or Immunities Clause. Some scholars
and Justices have maintained that the Privileges or Immunities Clause
{athe provisionoftheFourteenth Amendment that guarantees substas-
tiverights.See,.8. McDonald. Chicago, 561 U.S. 742, 813-850 2010)
(Tons,J, concurring), Duncanv. Louisiana, 391 U.S. 145, 165-166
(1968) (Black. J. concurring):A.Amar, Bill ofRights: Creation and Re.
construction 165-130 (1998) (Amar): J. Ely, Democracy and Distrust 22-
30 (1980) 2 W. Crosskey. Politics and the Constitution i the History of
heUnited States 1089-1095 (1953). Buteven on that view, such a right
would need to berootedin the Nation's history and tradition. See Cor-
F. Cas. 546, 551-552 (No. 3.230) (CC ED Pa. 1825) de-
SerbingCoryel,
field. unsnumerated rights under the Privioges and Immunities
Gitoas: __U.S.__(20) 15
Opinionofthe Court
B
1
Until the latter part of the 20th century, there was no
support in American law for a constitutional right to obtain
an abortion. Zero. None. No state constitutional provision
had recognized such a right. Until a few years before Roe
was handed down, no federal or state court had recognized
such a right. Nor had any scholarly treatiseof which we
are aware. And although law review articles are not reti-
cent about advocating new rights, the earlicst article pro-
posing a constitutional right to abortion that has come to
our attention was published only a few years before Roe.
Not only was there no support for such a constitutional
right until shortly before Roe, but abortion had long been a
erime in every single State. At common law, abortion was
criminal in at least some stages of pregnancy and was re-
garded as unlawful and could have very serious conse-
quences at all stages. American law followed the common
law until a wave of statutory restrictions in the 1800s ex-
‘panded criminal liability for abortions. By the timeof the
adoption of the Fourteenth Amendment, three-quarters of
the States had made abortion a crime at any stage ofpreg-
nancy, and the remaining States would soon follow.
Clause, U.S. Const. Art. IV, §2, as those “fundamental” rights “which
hava, at all time, been enjoyed by (he citizens of tho sovaral states;
Amar 176 (relying on Corfield t interpret the Prviloges orImmunities
Clause;cf.McDonald, supra, at §19-820, 832, 854 (THOMAS, J. concur.
ring in part and concurring in the judgment) (reserving the question
whether thePrivilogesor Immunities Clause protects “anyrightsbesides
those enumerated in the Constitution”).
See R. Lucas, Fodoral Constitutional Limitations on tho Enforce.
mentand Administration ofStateAbortionStatutes, 46 N.C. L. Rev. 730
(1968); see also D. Garrow, Liberty and Sexuality 334-35 (1994) (stat-
ingthatMr. Lucas was “undeniably the first person tofullyarticulate on
paper” the argumentthat“a woman's right to choose abortion was fun
damental individualfreedomprotectedby tho U.S. Constitutions guar.
‘antecofpersonal liberty).
Opinion ofthe Court
Roe either ignored or misstated this history, and Casey
declined to reconsider Roe faulty historical analysis. It is
therefore important to set the record straight.
2
We begin with the common law, under which abortion

was a crime at least after “quickening’—i.c., the first folt
movement of the fetus in the womb, which usually occurs
between the 16th and 18th weekof pregnancy.
The “eminent common-law authorities (Blackstone,
Coke, Hale, and the like),” Kahler v. Kansas, 589 U.S. __,
—_ (2020) (slip op., at 7), all describe abortion after quick-
ning as criminal. Henry de Bracton's 13th-century trea-
tise explained that if a person has “struck a pregnant
woman, or has given her poison, whereby hehascaused an
abortion,if thefoetusbe already formed and animated, and
particularly if it be animated, he commits homicide.” H.
Bracton, De Legibus et Consuctudinibus Angliae 279 (T.
Twiss ed. 1879); see also 1 Fleta ch. 20, reprinted in 53 Sel-
den Soc'y 60-61 (HG. Richardson & G.0 Sayles eds. 1953)
#4 The oxact moaningof ‘quickoning” ia subjoct0 some debate. Com.

pare Brief for Amici Curiae Scholars of Jurisprudence John M. Finis
and Robert P. Georgein Support ofPeciioners 12-14 & n.32. Ca quick
Child” meant simply a “live” child and under the era's outdated
knowledge of embryology, a fetus was thought to become “quick” at
around the sixth week ofprognancy), with Brief forAmici Curioe Amer
canHistorical Association and Organization ofAmerican Historians
Br.
60.2 Cauick” and ‘quickening’ consistently mean “the womars percep.
onoffetal movement). We ned not wade int this dobato. First it
suffices for present purposes o show that abortion was criminal by af
Leastthe 16th o 18thwookofprogaancy. Socond, as wewill show, dur
ing tho rolovant period. the period surrounding tho cnactment of
theFourteenthAmendment.thequickeningdistinction was abandoned
a8 States criminalized abortion a all stagesofpregnancy. See info, at
Citeas: __U.S.__@0_) ”
(13th century treatise) 2
Sir Edward Coke's 17th-century treatise likewise as-
serted that abortion of a quick child was “murder”ifthe
“childe be born alive” and a “great misprision”if the “childe
dieth in her body.” 3 Institutes of the LawsofEngland 50-
51 (1644). (Misprision” referredto “some heynous offence
under the degreeoffelony.” Id, at 139) Two treatises by
Sir Matthew Hale likewise described abortion of a quick
child who died in the womb as a “great crime” and a “great
misprision.” See M. Hale, Pleas of the Crown: Or, A Me-
thodical Summaryofthe Principal Matters Relating to that
Subject 53 (1673) (P. R. Glazebrook, ed., 1973); 1 M. Hale,
History of Pleas of the Crown 433 (1736) (Hale). And writ.
ing near the timeof the adoptionofour Constitution, Black-
stone explained that abortion of a “quick” child was “by the
ancient law homicide or manslaughter” (citing Bracton),
and at least “a very heinous misdemeanor” (citing Coke)."
1 Blackstone, Commentaries on the Laws of England *129—
*130 (7th ed. 1775) (Blackstone).
English cases dating all the way backto the 13th century
corroborate the treatises’ statements that abortion was a
crime. See generally J. Dellapenna, Dispelling the Myths
of Abortion History 126 & n. 16, 134-142, 188-194 &
nn.84-86 (2005) (Dellapenna); J. Keown, Abortion, Doctors,
and the Law 3-12 (1988) (Keown). In 1732, for example,
Eleanor Beare was convicted of “destroying the Foetus in
the Womb” of another woman and “there-by causing her to
miscarry." For that crime and another “misdemeanor,”
Beare was sentenced to two days in the pillory and three
years’ imprisonment.
Evenbofor Bracton' ie, English law imposed punishmentfor the
killingof a fetus. SoeLagos Honrici Prim 222-223(LJ. Downerod.,
1972) Gmposing penalty for any abortion and treating 3 woman who
aboried a“quick” child “asifsho werea murderess).
22 Gentleman's Magazine991 (Aug. 1732).
71d, 20982.
18 DOBBS u. JACKSON WOMEN'S HEALTH ORGANIZATION.
Opinion ofthe Court
Although a pre-quickening abortion was notitselfconsid-
ered homicide, it does not follow that abortion was permis.
sible at common law—much less that abortion was a logal
right. Cf. Washington v. Glucksberg, 521 U.S. 702, 713
(1997) (removalof“common law's harsh sanctions did not
represent an acceptance” ofsuicide). Quite to the contrary,
in the 1732 case mentioned above, the judge said of the
charge of abortion (with no mentionof quickening) that he
had never met with a case so barbarous and unnatural"
Similarly, an indictment from 1602, which did not distin-
guish between a pre-quickening and post-quickening abor-
tion, described abortion as “pernicious” and “against the
peace of our Lady the Queen, her crown and dignity.” Ke-
own 7 (discussing R. v. Webb, Calendar of Assize Records,
Surrey Indictments 512 (1980).
That the common law did not condone even pre-quicken-
ing abortions is confirmed by what one might call a proto-
felony-murder rule. Hale and Blackstone explained a way
in which apre-quickening abortion could rise to the level of
a homicide. Hale wrote that if a physician gave a woman
“with child”a “potion” to cause an abortion, and the woman
died, it was “murder” because the potion was given “unla-
fully to destroy her child within her.” 1 Hale 129-130 (em-
phasis added). As Blackstone explained, to be “murder” a
killing had to bo done with “malice aforethough, either ex-
press or implied.” 4 Blackstone 198, 199. In tho caseofan
abortionist, Blackstone wrote, “the law will imply [malice]”
for the same reason that it would imply malice if a person
who intended to kill one person accidentally killed a differ-
ent person:
A and misses him, butkills B, this is
“[1}f one shoots at
murder; becauseof the previous felonious intent, which
the law transfers from one to the other. The same is
the case, where one lays poison for A; and B, against
#2 Gentleman's Magazine 992
Citoas: __U.S.__(0) 1
Opinion of tho Court
whom the prisoner had no malicious intent, takes it,
and it kills him; this is likewise murder. Soalso,ifone
gives a woman with child a medicine to procure abor-
tion, and it operates so violently as to kill the woman,
this is murderin the person who gave it.” 4 Blackstone
200 (emphasis added)
Notably, Blackstone, like Hale, did not state that this
proto-felony-murder rule required that the woman be “with
quick child’—only that she be “with child.” Ibid. And it is
revealing that Hale and Blackstone treated abortionists dif-
ferently from other physicians or surgeons who caused the
death ofa patient “without any intentofdoing [the patient]
any bodily hurt.” Hale 429; see 4 Blackstone 197. These
other physicians—even if “unlicensed’—would not be
“guilty of murder or manslaughter.” Hale 429. But a phy-
sician performing an abortion would, precisely because his
aim was an “unlawful” one.
In sum, although common law authorities differed on the
severityofpunishment for abortions committed at different
points in pregnancy, none endorsed the practice. Moreover,
we are aware of no common law case or authority, and the
parties have not pointed to any, that remotely suggests a
positive right to procure an abortion at any stage of preg-
nancy.
i
Inthiscountry, the historical record is similar. The ‘most
important early American edition of Blackstone's Commen-
taries,” District of Columbia v. Heller, 554 U. S. 510, 594
(2008), reported Blackstone's statement that abortion of a
# Other treatises restated the same rule, See 1W. Russell, A Treatise
on Crinies and Misdemeanors 639 (th ed. 1816) (So where a person
gave medicine to a woman to procure an abortion, and where a person
putskewers into the woman fo the same purpose, Ly which in both cases
the women were killed, these actawereclorly held to bo murder.) 1 E.
H. Bast, A Treatise ofthe Pleasofthe Crown 230 (1809) (similar)
20 DOBBS . JACKSON WOMEN'S HEALTH ORGANIZATION
Opinion oftho Court.
quick child was at least “a heinous misdemeanor,” 1 St.
George Tucker, Blackstone's Commentaries 129-130 (1803)
(Tucker's Blackstone), and that edition also included Black-
stones discussion of the proto-felony-murder rule, 4
Tucker's Blackstone 200-201. Manuals for justices of the
peace printed in colonies in the 18th century typically re-
stated the common law rule on abortion, and some manuals
repeated Hale's and Blackstone's statements that anyone
who prescribed medication “unlawfully to destroy the child"
would be guilty of murder if the woman died. See, e.g., J.
Parker, Conductor Generalis: Or the Office, Duty and Au-
thorityof Justices of the Peace 220 (1788); 2 R. Burn, Jus-
tice of the Peace, and Parish Officer 221-222 (7th ed. 1762)
(English manual stating the same).
The few cases available from the early colonial period cor-
roborate that abortion was a crime. See generally Del-
lapenna 215-228 (collecting cases). In Maryland in 1652,
For manuals restating one or both

Criminal Law with an Exposition oftherules, see J. Davis, A Treatise an
Offico and AuthorityofJustices
of tho Pence in Virginia 96, 102-103, 339 (1838); Conductor Generis
Or,theOffice. Duty and Autho ofdusticesof
rity the Peace 194-195 (1801)
(printed in Philadelphia); Conductor Generals: Or, the Office, Duty and
Authority of Justicesofthe Peace 194-195 (1794) (printed in Albany);
‘Conductor Generals: Or, the Office, Duty and Authorityof Justices of
the Peace 220 (1788) (printed in Now York);J. Parker, Conductor
aralis: Or, tho Office, Duty and Authorityof Justices of tho PeacoGon 198
(1749) rind in Now York): G. Webb, Office and Authority ofa Justics
ofa Peace 202 (1736) printed in Williamsburg); Conductor Generals
Or, the Office, Duty and Authority of Justice of the Peace 161 (1722)
printed in Philadelseealso phia JA. Conley, Doing itby tho Book: Jus.
tico ofthePeace Manualsand English Law in EightoanthConturyAmor.
ica 6.1. Legal Fis. 257, 265, 267 (1985) (notin that these manuals wero
the justices “primary source of legal eforcnce” andof practical value
fora wider audience than thejustices").Forcases stating tho proto-fl.
ony. murder ru, 30, .4., Commonwealth v. Parker, 50 Mass. ( Mot)
263, 265 (1845); Poop . Sessions, 58 Mich. 504, 595-596 (1386) Ste
. Moore, 25 Towa 128, 131-132 1838); Smith o. State 33 Me. 48, 54-55
ass.
Citews: __US.__eo) 2
OpinionoftheCourt
for example, an indictment charged that a man “Mur-
therously endeavoured to destroy or Murther the Child by
him begotten in the Womb." Proprietary v. Mitchell, 10 Md.
Archives 183 (WIL Browne, ed., 1891). And by the 19th
century, courts frequently explained that the common law
made abortion of a quick child a crime. See, e.g., Smith v.
Gaffard, 31 Ala. 45, 51 (1857); Smith v. State, 33 Me. 48, 55
(1851); Statev. Cooper, N. J. L. 52, 52-55 (1849); Common.
wealth v. Parker, 50 Mass. 263, 264-268 (1845).
iii
The original ground for drawing a distinction between
pre- and post-quickening abortions is not entirely clear, but
some have attributed the rule to the difficulty of proving
that a pre-quickening fetus was alive. At that time, there
were no scientific methods for detecting pregnancy in its
carly stages, and thus, as one court put it in 1872: “[Ulntil
the period of quickening there is no evidence of life; and
whatever may be said of the feotus, the law has fixed upon
this period of gestation as the time when the child is en-
dowed with life” because “foetal movements are the first
clearly marked and well defined evidencesoflife” Fans.
People, 49 N.Y. 86, 90 (1872) (emphasis added); State v.
Cooper, 22 N. J. L: 52, 56 (1849) (“In contemplation of law
life commences at the moment of quickening, at the mo-
‘ment when the embryo gives the first physical proof oflife,
no matter when it first received it.” (emphasis added).
‘The Solicitor General offers a different explanation of the
basis for the quickening rule, namely, that before quicken.
ing the common law did not regard a fotus “as having a ‘scp-
arate and independent existence.” Brief for United States
1SeoE. Rigby, ASystom of Midwifery 73 (‘Under all circumstances,
the diagnosisofpregnancy must ever bedifficult and
early months”); see also id., at 74-80 (discussing obscure during the
rudimentary tech.
niques ordetecting carly pregnancy)
Jurisprudence 418-421 (6th American; A.S. Taylor, AManual ofMedical
od., 1856) (same)
22 DOBBS. JACKSON WOMENS HEALTH ORGANIZATION
Opinionofthe Court
as Amicus Curiae 26 (quoting Commonwealth v. Parker, 50
Mass. 263, 266 (1818). But the case on which the Solicitor
General relics for this proposition also suggested that the
criminal law's quickening rule was out of step with the
treatment ofprenatal life in other areas of law, noting that
“to many purposes, in reference to civil rights, an infant in
entre sa mere is regarded as a person in being.” Parker, 50
Mass., at 266 (citing 1 Blackstone 129); see also Evans
People, 49 N.Y. 86, 89 (N. Y. 1872); Mills v. Commonwealth,v.
13 Pa. 631, 633 (1850); Morrow v. Scott, 7 Ga. 535, 537
(1849); Hallv. Hancock, 32 Mass. 255, 258 (1834); Thellus-
sonv. Woodford, 31 Eng. Rep. 117, 163 (1789).
At any rate, the original ground for the quickening rule
is of little importance for present purposes because the rule
was abandoned in the 19th century. During that period,
treatise writers and commentators criticized the quicken:
ing distinction as “neither in accordance with the result of
‘medical experience, nor with the principles of the commo
law.” 1 F. Wharton, The Criminal Lawof the United Statesn
§1220, at 606 (4th rev. ed. 1857); see also J. Beck, Re-
searches in Medicine and Medical JurisprudencB.e 26-28
ed. 1835) (describing the quickening distinction as “absur(2d d”
and “injurious’)* In 1803, the British Parliament made
2 See Mitchell. Commonwealth, 78 Ky. 209.210 (1879) acknowl.
edging the common-law rule but arguing 204, that “the law should punish
abortions and miscarriages, willy produced
periodofgestation’); Mills v. Commonwealth, 13, Pa.at any time during the
‘quickening rulo “never ought to havo boon the Law 631, 633 (1850) (the
anywher
Bishop, Commentaries on the Law ofStatutory Crimes §741 e); 1 J.B.
(1873) (If
we look atthe reas ofthe
on law,we shall profus” rule that “discard(
thie doctrine of the necessityof a quickening’); 5 Transactions of thes]
Maine Medical Association 37:39 (1866) 12 Transactions of the Ameri.
can Medical Association 75-77 (1859); W. Guy, PrinciplesofMedical Fo.
rensics 135-134 (1stAmerican ed. 1845); 1J. Chitty, A Practical Treatise
on Medical Jurisprudence (24 American ed, 1836); TR. Beck & J.B.
Bock. ElementsofMedical438Jurispr udence 293 (1823) T. Percival, The
Works, Literary, Moral and Medical 430 (1807); see also Keown 38.39
(oliocing English authorities).
Giteas: __US.__20) 2
Opinionof the Court
abortion a crime at all stages of pregnancy and authorized
the imposition of severe punishment. See Lord Ellenbor-
ough's Act, 43 Geo. 3 c. 58. One scholar has suggested that
Parliament's decision “may partly have been attributable
the medical man’s concern that fetal life should be protectedto
by the law at all stofgest ages ation.” Keown 22.
In this country during the 19th century, the vast majority
of the States enacted statutes criminalizing abortion at all
stages of pregnancy. See Appendix A (listing state statu-
tory provisions in chronological order).* By 1868, when the
Fourteenth Amendment was ratified, three-quarters of the
States, 28 out of 37, had enacted statutes making abortion
a crime even if it was performed before quickening
Appendix A. OF the nine States that had not vet criminSee al.
ized abortion at all stages, all but one did so by 1910. bid.
Thetrendin the territories that would become the last 13
States was similar: allofthem criminalized abortion at all
stagesof pregnancy between 1850 (the Kingd of Hawaii)
and 1919 (New Mexico). See Appendix B; seeomalso Casey,
505 U.S, at 952 (Rehnquist, C. J, dissenting); Dellapenna
817-319. By the end of the 1950s, according to the Roe
See generally Dellapenna 315-319 (cataloging the dovelopment of
the law in the States), E. Quay,
Foundations, 49 Geo. L.J. 395, Justifia
435-437
ble Abortion—Modical and Lagal
, 447.520 (1961) Quay) (same):
J. Witherspoon, Reexamining Roe: Ninetoe
utes and The Fourtoonth Amendment, 17 St.nth-Cen Mary's
tury Abortion Stat
Law J. 29, 34.36
(1985) Witherspoon) (same).
* Some scholars assert that anly 27 States prokibited abortion at all
stages. See, e.g, Dellapenna 315; Withers
scholars appear to have overlooked Rhode poonIsland,
34-35 & n. 15. Those
which criminalised
abortion at all stagesin 1861. SeoAofMar.
ct 15, 1861, ch. 71, §1, Acts:
& Resolves R. 1. 133 (eriminalising the attempt to “procur
Fig”of“anypregnantwoman” or “any woman supposedbye such the miscar.
person
be pregaant” without mention of quickening). Tho amicus brief
the American Historical Association asserts that only 26 States prohib.for
ited abortion at all tages, but thatbriefincorrectly excludes West Vir.
sinia and Nebraska fromitscount. Compar e Br. 27-28 (iting Quay, s-
pra), with Appendix A.
Opinion ofthe Court
Court's own count, statutes in all but four States the
District of Columbia prohibited abortion “howeveand r and
whenever performed, unless done to save or preserve the
life of the mother” 410U.S, at 139.5
‘This overwhelming consensus endured until the day Roe
was decided. At that time, also by the Roe Court's own
count, a substantial majority—30 States—still prohibited
abortion at all stages except to save the life of the mother.
See Roe, 410 U. S,, at 118 & n. 2 (listing States). And
though Roe discerned a “trend toward liberalization” in
about “one-thirdofthe States,” those States still criminal-
ized some abortions and regulated them more stringently
than Roe would allow. See Roe, 410 U.S. at 110 & n.37;
Tribe 2. In short, the “Court's opinion in Roe itself convinc.
ingly refutes the notion that the abortion Liberty is deeply
rooted in the history or tradition of our people.” Thorn-
burgh, 476 U. S., at 793 (White, J., dissenting).
iv
The inescapable conclusion is that a right to abortion
not deeplyrootedin the Nation's history and traditions. Onis
the contrary, an unbroken traditionofprohibiting abortion
on painofcriminal punishment persisted from the carliest
2 The statutes ofthreo States Massachusetts, Now Jersey, and Penn.
sylvania) probibitedabortionsperformed “unlawful ly”or“withont
justification Roe, 410 U.S. at 139. In Mamsachusotts, case lawlowful hold
that abortion wasallowed when,accordingtothejudgme ofphysici
in the xolovant community, the procedure was necessary to preserve ans
nt
‘woman's Life or hor physical or emotional health. Commonuealhthe+.
Wheeler, 53 NE. 24 4,5 Gup. J. C. 1944). Inthoother two States, how.
ever, the isnoclea
rer
tion was lawl whoresupport in case aw for the proposition that aber.
the mother's lfe was
Brandenberg,53 4.2709 (N.J. 1948; Commonuenotalth at risk. Soe Stalev
v. Trombetta, 300
A107(Pa. Super. Ct. 1938).
Statutes in the two remaining jurisdictions (tho District of Columbia
and Alabama) permitted “abor toproserv
tiono the mother's health Roc,
410 U.S, at 139.Caselaw in those jurisdictions does not clarify the
breadthofthese exceptions.
Citons: __U.S.__@0_) »
Opinionof the Court
daysof the common law until 1973. The Court in Roe could
have said of abortion exactly what Glucksberg said of as-
sisted suicide: “Attitudes toward [abortion] have changed
since Bracton, but our laws have consistently condemned,
and continue to prohibit, [that practice].” Glucksberg, 521
U.S, at 719.
3
Respondents and their amici have no persuasive answer
to this historical evidence.
Neither respondents nor the Solicitor General disputes.
the fact that by 1868 the vast majority of States criminal.
ized abortion at all stages of pregnancy. Sce Brief for the
Petitioners 12-13; see also Brief for American Historical
Association and Organization of American Historians as
Amicus Curiae 27-28 & nn. 14-15 (conceding that 26 out of
37 States prohibited abortion before quickening); Oral Arg.
Tr. 74-75 (respondents counsel conceding the same). In-
stead, respondents are forced to argue that it “does [not]
‘matterthatsome States prohibited abortion at the time Roe
was decided or when the Fourteenth Amendment was
adopted.” Brief for Respondents 21. But that argument
flies in the face of the standard we have applied in deter-
mining whether an asserted right that is nowhere men-
tioned in the Constitution is nevertheless protected by the
Fourteenth Amendment.
Not only are respondents and their amici unable to show
that aconstitutional right to abortion was established when
the Fourteenth Amendment was adopted, but they have
found no support for the existenceof an abortion right that
predates the latter part of the 20th century—no state con-
stitutional provision, no statute, no judicial decision, no
learned treatise. The earliest sources called to our atten-
tion are a few district court and state court decisions de-
cided shortly before Roe and a small numberof law review
Opinionofthe Court
articles from the sam time period.
Afew ofrespondents’ amici muster historical arguments,
but they are very weak. The Solicitor General repeats Roe's
claim that it is “doubtful abortion was ever firmly estab.
lished as a common-law crime even with respect to the de-
structionof a quick fetus.” Brieffor United States as Ami-
cus Curiae 26 (quoting Roe, 410 U.S, at 136). But as we
have seen, great common-law authorities Like Bracton,
Coke, Hale, and Blackstone all wrote that a post-quicken.
ing abortion was a crime—and a serious one at that, More-
over, Hale and Blackstone (and many other authorities fol-
lowing them) asserted that even a pre-quickening abortion
was “unlawful” and that, as a result, an abortionist was
guiltyof murder if the woman died from the attempt.
Insteadoffollowing these authorities, Roe relied largely
on two articles by a pro-abortion advocate who claimed that
Coke had intentionally misstated the common law because
of his strong anti-abortion views” These articles have
been discredited, and it has come to light that even mem-
bersof Jane Roe's legal team did not regard them as serious
See Roe, 10U. S, at 154-155 (collcasesdeci ectinded g betwoen 1970
and 1973) C. Means, Jr, The PhoenixofAbortional Freedom:
numbral or Ninth-Amendment Right About to Arise from theI Ning. a Pe.
teenth-Century Legislative Ashesof Fourtcenth-Century Common.
Law Liberty? 17 N.Y.LF. 335, 337-5394(1971)
‘The LawofNewYork Concerning Abortion and(Means 1);C.Mans, Je.
the Status of the Foetus,
1664-1068: A Case of Cossation of Constitutionalty, 14 N.Y LF. 411
(1968) (Means I; R. Lucas, Federal Constitutional Limitatio
Enforcement and Administration ofStato Abortion Statutes, 46nsN.onC. theL.
Rev. 730 (1968).
+7 See foe, 410 U. S, at 136 n. 6 (citing Moans I, supra); id, at 132-
1831.21 citing Means 1, supra)
% For critiquesofMeans's work, sce, ¢,
331; Keown 3-12; J. Finnis, “Shamoloss ActsDellapenn
in
a 143-152, 325-
Colorado:
Scholarship n Constitutional Cases, 7Academic Q. 10, 11-12(19Abuse94);
of
Do-
stro, Abortion and the Constitution: The Need for aLife-Protective
Amendment, 63 Calif. L. Rov. 1250, 1267-1252 (1975); Byrn, An Amor
ean Tragedy: The Supreme Court on Abortion, 41 Fordhar I. Rev. 807,
Citeas: __U.S.__@0_) 2
scholarship. An internal memorandum characterized this
author's work as donning “the guise of impartial scholar-
ship while advancing the proper ideological goals. Con-
tinued reliance on such scholarship is unsupportable.
‘The Solicitor General next suggests that history supports
an abortion right because the common law's failure to crim-
inalize abortion before quickening means that “at the
Founding and for decades thereafter, women generally
could terminate a pregnancy, at least in its early stages.”
Id, at 26-27; see also Brief for Respondents 21. But the
insistence on quickening was not universal, see Mills, 13
Pa. at 633; State v. Slagle, 83 N. C. 630, 632 (N. C. 1880),
and, regardless, the fact that many States in the late 18th
and early 19th century did not criminalize pre-quickeni
abortions does not mean that anyone thought the Statng es
lacked the authority to do so. When legislatures began to
exercise that authority as the century wore on, no one, as
far as we are aware, argued that the laws they enacted vio-
lated a fundamental right. That is not surprising since
814-620 (1973),
Garrow 500-501 & n. 41,
© In any event, Roe, Casey, and other related abortion decisions im-
posed substantial rstriction on a State's capacityto egulata abortions
performed after quickening. sSec. e.g June Medical Servi LL. C. v.
Russo, 591 U.S. __ (2020) (holding a law requiring doctorscesperforming
abortions to secure admitting privileges to be unconstitutional), Whole.
Woman's Health v. Hellesteat, 579U. . 582 (2016 (similar); Casey, 505.
U.S, at 846 (declaring that prohibitions on “abor)tion
axe unconstitutional: id., at 837-899 (holdingthat «spoubefor o viability”
salnotific
provision was unconstitutional. In addition, Doe v. Bolton, 410 U.S.ation
(1973), has beon interpretedbysomet protect a broad righttoobtai179n
‘an abortionat anystagoofprog
tocertify thatitisneeded due tonancyprov ided thataphysici
awoman's ‘omotional ne iswillan
or“am
ed
ing
i.
s
ial concerns. Id. at 192. Soo, .2, Women's Medical Professional Corp.
u. Voinouich, 130'F. 3d 187, 209 (CAG 1997) cort. den, 523 U.5. 1035
(1998)butsee id, at 1339 (THOMAS, J.dissentingfrom:denialofcertio-
rar),
common-law authorities had repeatedly condemned abor-
tion and described it as an “unlawful” act without regard to
whether it occurred before or after quickening. See supra,
at__
Another amicusbriefrelied upon by the respondents (see
Brief for Respondents 21) tries to dismiss the significance
of the state criminal statutes that were in effect when the
Fourteenth Amendment was adopted by suggesting that
they were enacted for illegitimate reasons. According to
this account, which is based almost entirely on statements
‘made by one prominent proponent, important motives for
the laws were the fear that Catholic immigrants were hav-
ing more babies than Protestants and that the availability
ofabortion was leading white Protestant women to “shirk(]
their maternal duties.” Brief for Amici Curiae American
Historical Association and OrganizationofAmerican Histo-
rians 20.
Resort to this argument is a testament to the lackofany
real historical support for the right that Roe and Casey rec-
ognized. This Court has long disfavored arguments based
on alleged legislative motives. See, e.g., CityofErie v. Pap’s
AM, 529 U.S. 217, 292 (2000) (plurality); Turner Broad-
casting System, Inc. v. F.C.C,, 512 U. S. 622, 652 (1994);
United States v. O'Brien, 391 U. S. 367, 383 (1968); Arizona
v. California, 283 U.S. 423, 455 (1931) (collecting cases).
‘The Court has recognized that inquiries into legislative mo-
tives “are a hazardous matter.” O'Brien, 391 U.S, at 383.
Even when an argument about legislative motive is backed
by statements made by legislators who voted for a law, we
have been reluctant to attribute those motives to the legis
lative body as a whole. “What motivates one legislator to
‘make a speech about a statute is not necessarily what mo-
tivates scoresofothers to enact it.” Ibid.
Here, the argument about legislative motive is not even
based on statem bylegisl
ent ators,
s buton statements made
by a few supporters of the new 19th century abortion laws,
Citeas: __U.S.__ 20) 2»
and it is quite a leap to attribute these motives to all the
legislators whose votes were responsible for the enactment
ofthose laws. Recall that at the time of the adoptionof the
Fourteenth Amendment, over three quarters of the Statos
had adopted statutes criminalizing abortion (usually at all
stages of pregnancy), and that from the carly 20th century
until the day Roe was handed down, every single State had
such a law on its books. Are we to believe that the hundreds
of lawmakers whose votes were needed to enact these laws
were motivated by hostility to Catholics and women?
There is ample evidence that the passage of these laws
was instead spurred by a sincere belief thatabortionkillsa
human being. Many judicial decisions from the late 19th
and early 20th centuries made that point. See, e.g., Nash
v. Meyer, 54 Idaho 283, 301 (1984); State v. Aupsplund, 86
Ore. 121, 131-132 (1917); Trent v. State, 15 Ala. App. 485,
188 (1916); State v. Miller, 90 Kan. 230, 233 (1913); State v.
Tippie, 89 Ohio St. 35, 39-40 (1913); State v. Gedicke, 43 N.
J. L. 86, 90 (N. J. Sup. Ct. 1881); Dougherty v. People, 1
Colo. 514,522.523 (1873); Statev. Moore, 25 Towa 128, 131—
132 (1868); Smith v. State, 33 Me. 48, 57 (1851); see also
Memphis Center for Reproductive Health, 14 F.dth, at 446
&n. 11 (Thapar, J., concurring inthe judgment in part and
dissenting in part) (iting cases).
One may disagree with thisbelief(and our decision is not
based on any view about when a State should regard pre-
natal life as having rights or legally cognizable interests),
but even Roe and Casey did not question the good faith of
abortion opponents. See, e.g, Casey, 505 U.S, at 850
(“Men and womenofgood conscience can disagree... about
the profound moral and spiritual implications of terminat-
ing a pregnancy even in its earlicst stage.”). And we sec no
reasonto discount the significance ofthe state laws in ques-
tion based on these amici's suggestions about legislative
motive
c
1
Insteadofseriously pressing the argument that the abor-
tion right itself has deep roots, supportersofRoe and Casey
contend that the abortion right is an integral part of a
broader entrenched right. Roe termed this a right to pri-
vacy, 410 U. S,, at 164, and Casey described it as the free-
dom to make “intimate and personal choices” that are “con-
tral to personal dignity and autonomy,” 505 U.S, at 851.
Casey elaborated: “At the heart of liberty is the right to de-
fine one’s own concept of existence, of meaning, of the uni-
verse, and of the mystery of human life.” Id., at 851.
The Court did not claim that this broadly framed right is
absolute, and no such claim would be plausible. While in-
dividuals are certainly free Lo think and lo say what they
wish about “existence,” “meaning,” the “universe,” and “the
mystery of human life,” they are not always free Lo act in
accordance with those thoughts. License to act on the basis
of such beliefs may correspond to oneof the many under-
standings of “liberty,” but it is certainly not “ordered lib-
erty.”
4 Othor amicusbrifs prosentarguments about the motives ofpropo-
nents ofliberal access toabortion. They note that some such supporters
have been motivated byadesirotosuppress th size oftheAfricanAmer-
ican population. See Brief forAmici CuriaeAfrican American, Hispazic,
Roman Catholic and Protestant Religious and Civil Rights Organization
and Leaders Supporting Petitioners 14.21; see also Bo v. Planned
ParenthoodofIndiana and. Kentucks, 139'S. Cu. 1780, 1783-84 (2019)
(THOMAS J, dissenting from the denialofcertiorar). And it is beyond
dispute that Roe has had that demographic effec. A highly dispropor-
onate percentage ofaborted fuses are black.Sec,e.5, CenterforDis-
case Control, Abortion Surveilanco-—United States, 2019, 70 Survei.
lance Summaries at 20, tbl. 6 (Nov. 26, 2021). For our part,wodo not
question the motivesofeither those who have supported and those who
have opposed laws restricting abortions.
Citeas: __U.8.__@0_) a
Ordered liberty sets limits and defines the boundary be-
tween competing interests. Roe and Casey each struck a
particular balance between the interests of a woman who
wants an abortion and the interests of what they termed
“potential life." Roe, 410 U.S. at 150; Casey, 505 U. S., at
852. But the people of the various States may evaluate
those interests differently. In some States, voters may be-
Lieve that the abortion right should be more even more ex-
tensive than the right that Roe and Casey recognized. Vot-
ers in other States may wish to impose tight restrictions
based on their belief that abortion destroys an “unborn hu.
man being” Miss. Code Ann. §41-41-191)F). Our Na-
tion's historical understanding of ordered liberty does not
prevent the people's elected representatives from deciding
how abortion should be regulated.
Nor does the righttoobtain an abortion have a sound ba-
sis in precedent. Casey relied on cases involving the right
to marry a person ofa different race, Loving v. Virginia, 388
U.S. 1(1967); the right to marry while in prison, Turnerv.
Saftey, 482 U. S. 78 (1987); the right to obtain contracep-
tives, Griswold v. Connecticut, 381 U.S. 479 (1965), Eisen-
stadt v. Baird, 405 U. S. 438 (1972), Carey v. Population
Services International, 431 U. S. 678 (1977); the righttore-
side with relatives, Moore v. Fast Cleveland, 431 U. S. 494
1977); the right to make decisions about the education of
one's children, Pierce v. Society of Sisters, 268 U. S. 510
(1925), Meyer v. Nebraska, 262 U. S. 390 (1925); the right
not to be sterilized without consent, Skinner v. Oklahoma
ex rel. Williamson, 316 U. S. 535 (1942); and the right in
certain circumstances not to undergo involuntary surgery,
forced administration of drugs, or other substantially simi.
lar procedures, Winston v. Lee, 470 U. S. 753 (1985), Wash-
ington. Harper, 494 U. S. 210 (1990), Rochin.v. California,
342 U. S. 165 (1952). Respondents and the Solicitor Gen
eral also rely on post-Casey decisions like Lawrence v.
Texas, 539 U. S. 558 (2008) (right to engage in private, con-
sensual sexual acts), and Obergefell v. Hodges, 576 U. S.
644 (2015) (right to marry a person of the same sex). See
Brieffor Respondents 18; Brieffor United Statesas Amicus
Curiae 23-24.
‘These attempts to justify abortion through appeals to a
broader right to autonomy and to define one's “concept of
existence” prove too much. Casey, 505 U. S., at 851. Those
criteria, at a high level of generality, could license funda.
‘mental rights to illicit drug use, prostitution, and the like.
See Compassion in Dying v. Washington, 85 F.3d 1140,
1444 (CA9 1996) (O'Scannlain, J., dissenting from denial of
rehearing en banc). None of these rights has any claim to
being deeply rooted in history. Id., at 1440, 1445.
What sharply distinguishes the abortion right from the
rights recognized in the cases on which Roc and Casey rely
is something that both those decisions acknowledged: Abor-
tion destroys what those decisions call “potential life” and
what the law at issue in this case regards as the life of an
“unborn human being.” See Roe, 410 U. S., at 159 (abortion
is “inherently different"); Casey, 505 U.S. at 852 (abortion
is “a unique act’). None of the other decisions cited by Roe
and Casey involved the critical moral question posed by
abortion. They are therefore inapposite. They do not sup-
port the right to obtain an abortion, and by the same token,
our conclusion that the Constitution does not confer such a
right does not undermine them in any way.
2
In drawing this critical distinction between the abortion
right and other rights, it is not necessary to dispute Casey's
claim (which we accept for the sake of argument) that “the
specific practicesofStates at the time of the adoptionof the
Fourteenth Amendment” do not “mark(] the outer limits of
the substantive sphere of liberty which the Fourteenth
Cites: __U.8.__(0) 5
Opinionofthe Court.
Amendment protects.” 505 U.S. at 848. Abortion is noth-
ing new. It has been addressed by lawmakers for centuries,
and the fundamental moral question that it poses is age-
less.
DefendersofRoe and Casey do not claim that any new
scientific learningcallsfor a different answertothe under-
lying moral question, but they do contend that changes in
society require the recognition of a constitutional right to
obtain an abortion. Without the availability of abortion,
they maintain, people will be inhibited from exercising
their freedom to choose the types of relationships they de-
sire, and women will be unabletocompete with men in the
workplace and in other endeavors.
Americans who believe that abortion should be restricted
press countervailing arguments about modern develop-
‘ments. They notethat attitudes about the pregnancyofun-
‘married women have changed drastically; that federal and
state laws ban discrimination on the basis of pregnancy,
that leave for pregnancy andchildbirth are now guaranteed
by law in many cases, that the costsof medical care asso-
ciated with pregnancy are covered by insurance or govern-
ment assistance; that States have increasingly adopted
Se, e.g. Pregnancy Discrimination Act (1978) codified at 42US.C.
520006) (federal aw probibitng pregnancy discrimination in employ.
ment): US. Dep't of Labor, Women's Bureau, Employment Protections
for Workers Who Aro Preguant or Nursing. hitpawvww.dol goviagen
cioswblpro nursing employmentprotect
gnant ions (showing that 46
States and the District of Columbia. have employment protections
against prognancy discrimination).
Seo e.g.Family and Medical Leave Actof 1993 codified at 29 US.C.
§2612) (federal low guarantesing employment leave for pregnancy and
birth;U.S. BureauofLabor Statistics, Acceoto paid andunpaid family
Ieave in 2018, hcpsi/wrew.bls.govlopublied/2019/accoss-to-paid-and-un.
paidfamily-loave-n-2018 bn (showing that89 percentof clan work.
ers ad accus 0 unpaid family eavein 2018).
“TheAffordableCareAct requires non-grandfathered healthplansis
tho individual and mall group markets tcov certain sential health
bonefits, which includes maternity and nowborn care. Soe 42 US.C.
Opinionof the Court
“safe haven laws, which generally allow women to drop off
babies anonymously; and tha awoman t who puts her new-
born up for adoption today has little reasontofoar that the
baby will not find a suitable home. They also claim that
many people now have a new appreciation of fetal life and
that when prospective parents who want to have a child
view a sonogram, they typically have no doubt that what
they see is their daughter or son.
Both sides make important policy arguments, but sup-
portersof Roe and Casey must show that this Court has the
authority to weigh those arguments and decide how abor-
tion may be regulated in the States. They have failed to
make that showing, and we thus return the power to weigh
§18022)(1)(D). The ACA also prohibits annual limits, see 42 US.C.

§500g5-11, and limits aaaal cost-shari ng obligation on such benefits,
id. §18023(). State Medicaid plans must provid scoverage
nancy related sorvicos—including. butnotkimited to, prenatal for pres
care, do
livery,andpost care—aswel
parlasservicesfo
tum rothercondi tions that
might complicate the pregnancy
Medicaid plans are als prokubite. d 42fromCFR. §440.210(6)20-G0. State
imposing deductions, cost-shar-
ing. or similar charges for pregnancy-rolated sorvices for pregnant
women. 42 U.S.C. §§13960(a)(2)B), 13960(bX2)E)
Since Casey,all50States and the Districta have enacted
‘such laws Children's Bureau, HES, Infant SafeofColumbi
Haven Laws 12 (2016),
hitps:vsew.childwalfarogovipubPDFlsafebaven. pdf (noting that safe
haven laws bogan in Texas in 1999)
“ So, eg, Centers for Disease Control, Adoption Experiences of
Women and Men and Demand for Children to Adoptby Women 18.41
YearsofAgeinthe United States 16 (Aug. 2008) ([Njearly 1 million
‘womenweresecktoadopt ing chil in2002(.¢
dren,theywereindemand
ora child), whereas the domestic supp ofinfants relinquished at birth
or within the first monthofio and availablely o be adopted had become
virtually nonexistent.” CentersforDisease Control, NationalCente rfor
Hoalth Statistics, Adoption and nonbiological parenting
bitpes/hrw.cde govinchs/nsfykey_statisticsa-koystate htmadoption ,
(showing that approximately 3.1 million women between the agesof 16.
49 had ever "[takon stepsto adop achild" t basad on data collocted from
205.2019).
Cites: __U.S.__@0_) 35
Opinionoftho Court
those arguments to the people and their elected represent-
atives.
1
We next consider whether the doctrine of stare decisis
counsels continued acceptanceofRoe and Casey. Stare de-
cisis plays an important role in our case law, and we have
explained that itserves many valuable ends. It protects the
interests of those who have taken action in reliance on a
past decision. Sce Casey, 505 U. S,, at 856 (plurality opin-
ion); sec also Payne v. Tennessee, 501 U. S. 808, 828 (1991).
It “reduces incentives for challenging settled precedents,
saving parties and courts the expense of endless relitiga.
tion.” Kimble v. Marvel Entertainment, LLC, 576U. S. 446,
455 (2016). It fosters “evenhanded” decision making by re-
quiring that like cases be decided in a like manner. Payne
v. Tennessee, 501 U.S. 808, 827 (1991). It “contributes to
the actual and perceived integrity of the judicial pro-
cess.” Ibid. And it restrainsjudicial hubris and reminds us
to respect the judgment of those who grappled with im-
portant questions in the past. “Precedent is a way of acu
maulating and passing down the learning of past genera-
tions, a font ofestablished wisdom richer than what can be
found in any single judge or panel ofjudges.” N. Gorsuch,
A Republic IfYou Can Keep It 217 (2019).
We have long recognized, however, that stare decisis is
“not an inexorable command,” Pearson v. Callahan, 555
U.S. 223, 233 (2009) (internal quotation marks and citation
omitted), and it “is at its weakest when we interpret the
Constitution,” Agostini v. Felton, 521 U.S. 208, 235 (1997).
It has been said that it is sometimes more important that
an issue “be settled than that it be settled right.” Kimble,
576 U.S, at 455 (emphasis added) (quoting Burnet v. Coro-
nado Oil & Gas Co, 285 U.S. 393, 406 (1982) (Brandeis, J.,
dissenting). But when it comes to the interpretationof the
Constitution—the “great charter of our liberties,” which
36 DOBBS v.JACKSON WOMEN'S HEALTH ORGANIZATION
Opinionofthe Court
was meant “to endure through a long lapse ofages,” Martin
v. Hunter's Lessee, 1 Wheat. 304, 326 (1816) (opinion of
Story, J)—we place a high value on having the matter “set-
tled right.” In addition, when one of our constitutional de-
cisions goes astray, the country is usually stuck with the
bad decision unless we correct our own mistake. An erro-
neous constitutional decision can be fixed by amending the
Constitution, but our Constitution is notoriously hard to
amend. See U.S. Const., art. V; Kimble, 576 U. S. at 456.
Therefore, in appropriate circumstances we must be willing
to reconsider and if necessary overrule constitutional deci-
sions.
‘Someof our most important constitutional decisions have
overruled prior precedents. We mention three. In Brown.
v. Boardof Education, the Court repudiated the “separate
but equal” doctrine, which had allowed States to maintain
racially segregated schools and other facilities. 347 U.S.
483, 488 (1954). In so doing, the Court overruled the infa-
mous decision in Plessy v. Ferguson, 163 U. S. 537 (1896),
along with six other Supreme Court precedents that had
applied the separate-but-equal rule. See Brown, 347 U.S.,
at 491.
In West Coast Hotel Co. v. Parrish, 300 U. S. 879 (1937),
the Courtoverruled Adkins v. Children’s HospitalofD. C.,
261U. 8.525 (1923), which had held that a law setting min-
imum wages for women violated the “liberty” protected by
the Fifth Amendment's Due Process Clause. Id., at 545.
West Coast Hotel signaled the demise of an entire line of
important precedents that had protected an individual lib-
erty right against state and federal health and welfare log-
islation. See Lochner v. New York, 198 U.S. 45 (1905) (hold-
ing invalid a law setting maximum working hours);
Coppage v. Kansas, 236 U.S. 1 (1915) (holding invalid a law
banning contracts forbidding employees to join union); Jay
Burns Baking Co. v. Bryan, 264 U.S. 504 (1924) (holding
invalid laws fixing the weight of loaves of bread).
Cites: __U.S.__@0) 1
Opinion ofthe Court
Finally, in West Virginia Bd.ofEd. v. Barnette, 319 U.S.
624 (1943), aftor the lapse of only three years, the Court
overruled Minersuille School Dist. v. Gobilis, 310 U. S. 536
(1940), and held that public school students could ot be
compelled to salute theflag in violationoftheir sincore be-
lies. Barnette stands out because nothing had changed
during the intervening period other than the Court's be-
lated recognitionthatits earlier decision had been seriously
wrong.
On many other occasions, this Court has overruled im-
portant constitutional decisions. (We include a partial list
in the footnote that follows.) Without these decisions,
Sao, eg, Obergefll v. Hodge, supra (igh to same-sex marriage)
(overruling Bakerv.Nelson, 409 US. 810 (1972); iizens United v. Fed:
eral Election Comm'n, 558 US. 310 (2010) (rightto engago in campaign
lated speach) overruling Austin v. Michigan Chamber
4940S. 652 1990), andpstilly overruling McConnel v.ofCommerce,
Federal Flee.
tion Comm, 540 U.S. 98 (2003); Monte v. Louisiana, 556 U.S. 118
(2009)SisthAmendment righ to counsel) overruling Michigan v. Jack.
son, 475 U.S. 625 (1966); Crawford v. Washington, 541 US. 36
2004)Sixth Amendment ighttoconfrontwitnesses) (overruling Ohio.
Roberts, 48 U. 5. 56 (1980); Lawrence v. Tezas, 539 US. 558 (2003)
(right 0 ongage in consensual, same-sex intimacy one’s home) overul-
ingBowersv. Hardwick, 478U. S. 186 (1986); Ring v. Arion, 536 U.S
5842002) (SiathAmendmentright 0jury trial incapitalprosecutions)
(overruling Walton . Arizona, 497 U.S. 639 1990);Agosto . Felton,
521 U.S.20 (1997) (evaluating whether government aidvilates tho Es.
tablishment Clause) overruling Aguilarv. Fllon, 473 U.S. 102 (1585),
and School Dit of City of Grand Rapids v. Bal, 473 U. 5. 373 (1983);
‘Seminole TribeofFlo. v. Florida, 517 U.S. 442 (1996)
sional power under the Indian Commerce Clase to Gackofcongres.
abrogate states
Eloventh Amendmentimmunity)(overrulingPennsyloaniav.Union Gos
Co./491 U.S. 1 (1959); Paynev. Tennesse, 501 US, 808 (1991) (he
Eighth Amendment does no orct apor50bartothe admissionofvictim
impact ovidonce during tho ponaly phase ofa capital tra) (overruling
Boothv.Maryland, 483 U.S. 496 1957), and South Carolinav. Gathers,
490 U.S. 805 (1989):Batsonv. Kentucky, 476 U.S. 79(195) the Equal
Protection Clause guaranioes the defendant that the State wil no ex-
clude membersaf his rao from thejury veriro on sccountoface) (ver
ruling Suain v. Alabama, 380 U. 8. 202 (1965); Garcia v. San Antonio
Opinionofthe Court
Metropolitan Transit Authority, 469 U.S. (1985) (ejecting the prin
ciple that the Commerce Clause does not 528 empower Congress to enforce
requirements, such as minimum wage laws, against the States in areas
of traditional governmental functions”) (overruling National League
Cities v. Usery, 426 U. S. 833 (1976) lino v. Gates, 462 US. 213of
(1983) (the Fourth Amendment requires a totality ofthe circumstances
approach for determining whether an informants ip establishes proba:
blo cause) overrulingAguilar v. Texas, 78 U.S. 108 (1964) and Spinelli
v. United States, 393 U.S. 410 (1969); United States
82 (197) (the Double Jeopardy Clauss doss nt applyv. toScot, 437 US.
Governmont
appeals from orders granting defense motions o torminata a rial before
verdict) overrulingUnitedStatesv. Jenkins, 120 U.S. 358 (1975); Craig.
v. Boren, 429 Us. 190 (1976) (gondr-based classifications are subjot
intermediato scrutiny under the Equal Protection Clause) (overrulintog
Goesaert v. Cleary, 335 U.S. 464 (1948); Taylor v. Louisiana, 419 US.
522 (1975) Gury system which operates to exclude women from jury
vice violates the defendant’ Sisth and Fourteenth Amendment rightser.to
‘an impjury)(overr
artulingHoytv.
ial Florida, 368 U.S. 57 (1961); Bran-
denburgv. Ohio, 395 US. 444 (1969) (per curiam) (the mero advocacy
violence is protected undor tho First Amendment unless it s directed toof
incite or produce imminent lawloss action) (overruling Whitney Cali
fornia, 274 U. S. 357 (1927);Katz v.United States,389 U.S, 347v.(1967)
(FourthAmendment‘protects people, not places” and extends to what s
person “secks to prosere as private”) (overruling Olmstead v. United.
States, 277 U.S. 438 (1928) and Goldman v. United States, 316 U.S.
(1942); Miranda v. Arizona, 384 U.S. 436 (1966) (procedural safopuard129s
to protect the Fiflh Amendme
(overruling Crooker v. Californiant, 51privilege againstselfincrimi
U. S. 433 (1958), and Cicenianation)
v. La.
Gay, 357 U. 5. 504 (1958); Malloyv.Hogan, 378 U.S. 1 (1964) (the Fifth
Amendment priviego against solf-incrimination is also protected by the
FourteenthAmendmentagainst abridgement by the States) (overrulin
Twining v. New dersey, 211 U. S.78 (1908) and Adamson v. Californiag,
332 U. 8. 46 (1947); Wesberry v. Sanders,
sional districts should be apportioned so that376“usUSS.neazly
1 (1964) (conres-
one man's vote in a congressional elocion i to be worth asasmuch practicable
as an.
other's) (overruling in effect Colegrove v. Green, 328 U. 8. 549 (1946);
Gideonv. Wainuright, 372 US. 335 (1963) (ighttocounsel for indigent
defendant in a criminal prosecution in state
Fourtoenth Amendments) (overruling Betts court under the Sixth aud.
v. Brady, 316 U. S. 465
(1942); Baker v. Carr, 369 US. 185 (1962) (dora courts have jurisdic
tiontoconsiderconstitutional challengesto stateredistrictingplans) of
fctively overruling in part Colegrove v. Green, 328 U. S. 549 (1946)
Mapp v. Ohio, 357 U.S. 643 (1961) (the exclusion ary rule regarding the
Gtsas __US.__ a0) 3
Opinion ofthe Court
American constitutional law as we know it would be unrec-
ognizable, and this would be a different country,
No Justice of this Court has ever argued that the Court
should never overrule a constitutional decision, but overrul-
ing a precedent is a serious matter. It is not a step that
should be taken lightly. Our cases have attempted to pro-
vide a framework for deciding when a precedent should be
overruled, and they have identified factors that should be
considered in making sucha decision. Janus v. State,
County, and Municipal Employees, 585 U.S. _, __ (2018)
(slip op., at 34-35); Ramos v. Louisiana, 500 U.S. __
(2020) (KAVANAUGH, J., concurring in part) (slip op., at 7-
9.
In this case, five factors weigh strongly in favorof over.
ruling Roe and Casey: the natureoftheir error, the quality
of their reasoning, the “workability” of the rules they im-
posed on the country, their disruptiveeffecton other areas
ofthe law, and the absenceofconcrete reliance.
A
The nature ofthe Court's error. An erroncous interpreta:
tion of the Constitution is always important, but some are
‘more damaging than others.
‘The infamous decision in Plessy v. Ferguson, supra, was
one such decision. 1¢ betrayed our commitment to“equality
inadmissibilt of evidence obtained in violation of the Fourth Amend.
ment applics to the States) (overruling Wolf v. Colorado, 398 U. 5. 25
(1949): Smith v. Alluright, 321 US. 640 (194) (eacal rosticions on
the right to vote in primary elections violates the Equal Protaction
Clauseof the Fourteenth Amendment) (ovorruling Grovey v. Tounsend,
295 U. S. 45 (1935); United Statesv.Darby, 312 U.S. 100
grossional power to rogulate employment conditions under(1941) (con
the Com.
morca Clause) (overruling Hammerv. Dageniart, 247 U.S. 251 (1918);
ErieR. Co.. Tompkins, 304 US. 64 (1938) (Congross doos not have the
power todeclare substantive ruleofcommon la:a federa courtsitting
l
indiversityjurisdiction mustapply the substantive tatelaw)overruling
Suiftv. Tyson, 1 U.S. (16 Pet)1 (1842)
40 DOBBSi JACKSON WOMEN'S HEALTH ORGANIZATION
Opinion ofthe Court:
under law.” [d., at 562 (Harlan, J. dissenting). It was
“egregiously wrong” on the day it was decided, see Ramos,
supra (KAVANAUGH, J, concurring in par) (lip op., at 7),
and as the Solicitor General agreed at oral argume nt, it
should have been overruled at the earliest opportunity, sce
Oral Arg. Tr, 92:20-93:17. .
Roe was also egregiously wrong and deeply damaging.
Tor reasons already explained,Roe'sconstitutional analysis
was far outside the bounds of any reasonable interpr otation
of the various constitutional provisions to which it vaguel y
pointed.
Roe was on a collision course with the
the day it was decided, and Casey perpetConstit ution from
uated its errors,
and the errors do not concern some arcane corner
of litle importance to the American people. Ratherof,thewicld-
law
ing nothing but “raw judicial power,” Roe, 410 U. S., at 222
(White, J., dissenting), the Court usurpe the power to ad-
dress a question of profound moral and dsocial
that the Constitution unequivocally leaves for import
the
ance
people.
Casey described itself as calling both sides of the national
controversy to resolve their debate, but in doing so, Casey
necessarily declared a winning side. Those
side—those who sought to advance the state'son interesthe losing
t in
fetal life—could no longer seek to persuade their elected
representatives to adopt policies consistent with. thir
views. The Court short-circuited the democratic
closing it to the large number of Americans whoproces s by
dissented
in any respect from Roe. “Roe fanned into Life an issue
has inflamed our national politics in general, and hasthat ob-
scured with its smoke the selectionofJustices to this Court
in particular, ever since.” Casey, 505
(Scalia, J, concurring in part and dissentU.S, ing in
at 995-996
gether, Roe and Casey represent an error thatcanpart). To-
not be al-
lowed to stand.
As the Court's landmark decision in West Coast Hotel il-
Iustrates, the Court has previously overruled decisions that
Citeas: __U.S.__@0) a
Opinion of the Court:
wrongly removed an issue from the people and the demo-
cratic process. As Justice White later explained, “decisions
that find in the Constitution principles or values that can-
not fairly be read into that document usurp the people's au
thority, for such decisions represent choices that the people
have never made and that they cannot disavow through cor-
rective legislation. For this reason, it is essential that this
Court maintain the power to restore authority to its proper
‘possessors by correcting constitutional decisions that, on re-
consideration, are found to be mistaken.” Thornburgh, 476
U.S, at 787 (White, J., dissenting).
B
The qualityof the reasoning. Under our precedents, the
quality of the reasoning in a prior case has an important
bearing on whether it should be reconsidered. See Janus v.
State, County, and Municipal Employees, 585 U. S., at _
(slip op., at 38); Ramos, 590 U.S., at __ (KAVANAUGH, J.,
concurring) (sip op., at 7-8). In part ITofthis opinion, we
explained why Roe was incorrectly decided, but that deci-
sion was more than just wrong. It stood on exceptionally
weak grounds.
Roe found that the Constitution implicitly conferred a
right to obtain an abortion, but it failed to ground its deci-
sion in text, history,or precedent. It relied on an erroneous
historical narrative; it devoted great attention to and pre-
sumably relied on matters that have no bearing on the
‘meaning of the Constitution; it disregarded the fundamen-
tal difference between the precedents on which it relied and
the question before the Court; it concocted an elaborate set
of rules, with different restrictions for each trimester of
pregnancy, but it did not explain how this veritable code
could be teasedoutof anything in the Constitution, the his-
tory of abortion laws, prior precedent, or any other cited
source; and its most important rule (that States cannot pro-
tect fetal life prior to “viability”) was never raised by any
Opinion ofthe Court
party and has never been plausibly explained. Ros rea-
soning quickly drew scathing scholarly criticism, even from
supportersofbroad access to abortion.
The Casey plurality, while reaffirming Roe’s central hold:
ing, pointedly refrained from endorsing most of its reason-
ing. It revised the textual basis for the abortion right, si-
Tently abandoned Roe's erroneous historical narrative, and
jettisoned the trimester framework. But it replaced that
scheme with an arbitrary “undue burden” test and relied on
an exceptional versionofstare decisis that, as explained be-
Tow, this Court had never before applied and has never in-
voked since.
1
The weaknesses in Roe's reasoning are well-known.

Without any grounding in the constitutional text, history,
or precedent, it imposed on the entire countrya detailed set
of rules much like those that one might expect to find in a
statute or regulation. See Roc, 410 U. S., at 163-164. Di-
viding pregnancy into three trimesters, the Court imposed
special rules for each. During the first trimester, the Court
announced, “the abortion decision and its effectuation must
be left to themedical judgment of the pregnant woman's
attending physician.” Id., at 164. After that point, a State's
interest in regulating abortion for the sakeof a woman's
health became compelling, and accordingly, a State could
“regulate the abortion procedure in ways that are reasona-
bly related to maternal health.” Zbid. Finally, ‘in the stage
subsequent to viability,” which in 1973 roughly coincided
with the beginni ofthe
ng third trimester, the State's inter-
est in “the potentiality of human life” became compelling,
and therefore a State could “regulate, and even proscribe,
abortion except where it is necessary, in appropriate medic
cal judgment, for the preservation ofthelife or healthofthe
Citeas: __U.S.__@0_) 3
Opinionofthe Court
mother.” Ibid.
This elaborate scheme was the Court's own brainchild.
Neither party advocated the trimester framework; nor did
either party or any amicus argue that “viability” should
‘mark the point at which the scope of the abortion right and
a State's regulatory authority should be substantially
transformed. See BriefforAppellant in No. 70-18; Brieffor
Appellee in No. 70-18; see also C. Forsythe, Abuse of Dis-
cretion: The Inside Story of Roe v. Wade 127, 141 (2012)
Not only did this scheme resemble the work of a legisla:

ture, but the Court made little effort to explain how these
rules could be deduced from any of the sources on which
constitutional decisions are usually based. We have al-
ready discussed Roe's treatment of constitutional text, and
the opinion failed to show that history, procedent, or any
other cited source supported its scheme.
Roe featured a lengthy surveyofhistory, but much of its
discussion was irrelevant, and the Court made no effort to
explain why it was included. For example, multiple para-
graphs were devoted to an account of the views and prac-
ticesofancient civilizations where infanticide was widely
accepted See Roe, 410 U.S, at 130-132(discussing ancient
Greek and Roman practices). When it came to the most.
important historical fact—how the States regulated abor-
tion when the Fourteenth Amendment was adopted—the
Court said almost nothing. It allowed that States had tight-
©See, eg, C. Patterson, “Not Worth the Rearing’: The Causesof In

fant Exposuro in Anciont Groce, 115 Transactions Am. Philosophical
Ass'n 103, 111.123 (1985); A. Cameron, Tho Exposuroof Childron and
Groak Ethics, 46 Classical Rav. 105.105 (1932); H. Bennett, The Expo-
sureof Infants in Ancient Rome, 18 Classical J. 341.351 (1929); W. V.
Harris, Child Exposure in the Roman Empire, 84 J. Roman Studies |
(1994),
Opinionof the Court:
ened their abortion laws “in the middle and late 19th cen-
tury,” id, at 139, but it implied that these laws might have
been enacted, not to protect fetal life, but to further “a Vie-
torian social concern” about “illicit sexual conduct,” id., at
148.
Roe's failure even to note the overwhelming consensus of
state laws in effect in 1868 is striking, and what it said
about the common law was simply wrong. Relying on two
discredited articles by an abortion advocate, the Court er-
roneously suggested—contrary to Bracton, Coke, Hale,
Blackstone, and a wealthofother authority—that the com.
mon law had probably never really treated post-quickening
abortion asa crime. See id, at 136 {I]t now appearls]
doubtful that abortion was ever firmly established as a com-
mon-law crime even with respect to the destruction of a
quick fetus”). This erroncous understanding appears to
have played an important part in the Court's thinking be-
cause the opinion cited “the lenity of the common Law” as
one of the four factors that informed its decision. /d., at
165.
After surveying history, the opinion spent many para-
graphs conducting the sort of fact-finding that might be un-
dertaken by a legislative committee. This included a
lengthy account of the “position of the American Medical
Association” and “(t]he position of the American Public
Health Association,” as well as the vote by the American
Bar Association's HouseofDelegates in February 1972 on
proposed abortion legislation. 1d., at 141, 13, 116. Also
noted were a British judicial decision handed down in 1939
and a new British abortion law enacted in 1967. Jd. at 137—
138. The Court did not explain why these sources shed light
on the meaning of the Constitution, and not one of them
adopted or advocated anything like the scheme that Roe im-
posed on the country.
Finally,afterallthis, the Court turned to precedent. Cit-
ing a broad arrayofcases, the Court found support for a
Citoas: __U.S.__20) 3
Opinionof the Court
constitutional “rightofpersonal privacy,” id., at 152, but it
conflated two very different meaningsof the term: the right
toshield information from disclosure and the right to make
and implement important personal decisions without gov-
ernmental interference. See Whalenv. Roe, 429 U.S. 589,
599-600 (1977). Only the cases involving this second sense
of the term could have any possible relevance to the abor-
tion issue, and some of the cases in that category involved
personal decisions that were obviously very, very far afield.
See Pierce v. Society of Sisters, 268 U.S. 510 (1925) (right
to send children to religious school); Meyer v. Nebraska, 262
U.S. 390 (1937) (right to have children roceive German lan-
guage instruction).
‘What remained was a handfulof cases having something
to do with marriage, Loving v. Virginia, 388 U. S. 1 (1967)
(right to marty a person ofa different race), or procreation,
Skinner v. Oklahoma, 316 U. S. 535 (1942) (right not to be
sterilized); Griswold v. Connecticut, 381 U. S. 479 (1965)
(right of married persons to obtain contraceptives); Kisen-
stadt v. Baird, 405 USS. 438 (1972) (same, for unmarried
persons). But none of these decisions involved what is dis-
tinctive about abortion: its effect on what Roe termed “po-
tential life.”
When the Court summarized the basis for the scheme it
imposedon the country, it asserted that its rules were “con-
sistent with” the following: (1) “the relative weights of the
respective interests involved,” (2) “the lessons and exam-
ples of medical and legal history,” (3) the lenity of the com-
mon law,” and (4) “the demands of the profound problems
of the present day.” Id, at 165. Put aside the second and
third factors, which were based on the Court's flawed ac-
count of history, and what remains are precisely the sort of
considerations that legislative bodies often take into ac-
count when they draw lines that accommodate competing
interests. The scheme Roe produced looked like legislation,
and the Court provided the sortofexplanation that might
46 DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION.
Opinion ofthe Court
be expected froma legislative body.
iii
What Roe did not provide was any cogent justification for
the lines it drew. Why, for example, does a State have no
authority to regulate first trimester abortions for the pur-
poseof protecting a woman's health? The Courts only ex-
planation was that mortality rates for abortion atthatstage
were lower than the mortality rates for childbirth. Roe, 410
U.S, at 163. But the Court did not explain why mortality
rates were the only factor that a State could legitimately
consider. Many health and safety regulations aim to avoid
adverse health consequences short of death. And the Court
did not explain why it departed from the normal rule that
courts defer to the judgments of legislatures “in arcas
fraught with medical and scientific uncertainties.” Mar.
shall v. United States, 414 U.S. 417, 427 (1974)
An even more glaring deficiency was Roe's failureto jus-
tify the critical distinction it drew between pre- and post
viability abortions. Here is the Court's entire explanation:
With respect to the State's important and legitimate
interest in potential life, the “compelling” point isatvi-
ability. This is so because the fotus then presumably
has the capability ofmeaningful lie outside the womb.
Roe, 410 U.S, at 163.
As Professor Laurence Tribe has written, “[elearly, this
mistakes ‘a definition for a syllogism.” Tribe 4 (quoting Ely
924). The definitionofa“viable” fetusis one that is capable
of surviving outside the womb, but why is this the point at
which the State's interest becomes compelling? If, as Roe
held, a State's interest in protecting prenatal life is compel-
ling “after viability,” 410 U.S, at 163, why isn't tha inter-
est “equally compelling before viability”? Webster v. Repro-
ductive Health Servs., 492 U. S. 490, 519 (1989) (plurality)
(quoting Thornburgh v. American. College of Obstetricians
Citas: __U.S.__ 20) a
Opinionofthe Court
and Gynecologists, 476 U.S. 747, 795 (1986) (White, J. dis-
senting). Roe did not say, and no explanation is apparent.
This arbitrary line has not found much support among
philosophers and ethicists who have attempted to justify a
right to abortion. Some have argued that a fotus should not
be entitled to legal protection until it acquires the charac-
teristics that they regard as defining what it meanstobe a
“person.” Among the characteristics that have been offered
as essential attributesof“personhood” are sentionce, self-
awareness, the ability to reason, or some combination
thereof.” By this logic, it would be an open question
whether even born individuals, including young children or
those afflicted with certain developmental or medical con-
ditions, merit protection as “persons.” But evenifone takes
the view that “personhood” begins when a certain attribute
or combination of attributes is acquired, it is very hard to
see why viability should mark the point where “personhood”
begins.
Ste, eg, P. Singer, Rothinking & Doath 218 (1994) fefiniag a
person as “abeingwith awaronessofLife her or is own existence aver time,
and the capacity to have wants and plans for the future’)
Life Bofore Birth: The Moral and Legal StatusofEmbryosB.andStinbock,
Fetuses
9-13 (1992) (arguing that “the possession ofinterests isboth necossary
and sufficient for moral status” and that the “capacity for conscious
awareness is a necessary condition for the possossion of interests) M.
A. Warren, On the Moral and Legal StatusofAb ortion, 57 Tho Monist §
No.4, 1973) (arguing that, to qualify as2 porson, » being must have at
Least oneoffive traitsthatare “contralto the conceptofp ersonhood": (1)
“consciousness (ofobjocts and eventa external andlor internal
ing), and inparticular the capacity to foel pain’(2)‘reasoniato(the he be.
do.
veloped capacity to salve new and relatively complex problem); (3) self.
‘motivated activity (activity which is olatively independentofeither go.
netic or direct external control); (4) “the capacity to communicats, by
whatovor moans, messagesofan indefinite
presenceofselfconcopts, and self-awareness,variety
ithe
oftypes’; and (5 the
individualor racial,
or both"; M. Tooley, Abortion & Infanticide, 2 Philosophy & Public
fairs 3, 49 (Autumn 1972) (aruing that "having a right to if presup-Af
poses that ono is capable of desiring to continue existing as a subject of
experiences and other mental states),
Opinionofthe Court
The most obvious problem with any such argument is
that viability is heavily dependent on factors that have
nothing to do with the characteristics ofa fetus. One is the
state of neonatal care at a particularpointin time. Due to
the developmentofnew equipment and improved practices,
the viability line has changed over the years. In the 19th
century, a fetus may not have been viable until 32 or 33
weeks after conception or even later When Roe was de-
cided, viability was gauged at roughly 28 weeks. See Roe,
410 U.S, at 160. Today, respondents draw the line at 23
or 24 weeks. BriefofRespondents at 8. So, according to
Roe's logic, States now have a compelling interest in pro-
tecting a fetus with a gestational age of, say, 26 weeks, but
in 1973 States did not have an interest in protecting an
identical fetus. How can that be?
Viability also depends on the “quality of the available
‘medical facilities,” Colautti v. Franklin, 139 U.S. 379, 396
(1979). Thus, a 24-week-old fetus may be viable if a woman
gives birth in a city with hospitals that provide advanced
care for very premature babies, butif the woman travels to
a remote area far from any such hospital, the fetus may no
longer be viable. On what ground could the constitutional
status ofa fetus depend on the pregnant woman's location?
© Soo WT. Lusk, Science and the Art ofMidwifiry 7475 (1882) ex.
plaining that “(wlth care, the Life of a child born within (the eighth
‘monthofpregnancy may be preserved); i. 396 (‘Where tho chico lies
with the physician,theprovocationofIabor i usually defored until the
hirty-third orthirty-fourth wook): J. Back, ResearchesinMedicine and
Medical Juispruden 68(2ded,
co 1835) CAlthough children born before
the completion of the seventh month have occasionally survived. and
been reared, yet in the medico-logal point of view. no child oughtto be
considered as capable ofsustaining an independent existence until the
scvonth month has been fully completed ”;see also J. P. Baker, The In.
cubator andtheMedicalDiscoveryof tho Premature Infant, J. Periaatol
ogy322 (2000) (explaining tha, in the 19thcentury, infants born at.7 to
8 months’ gostation wero unlikely to survive beyond “the first days of
16),
Citeas: __U.S.__ (20) a
Opinion ofthe Court
And if viability is meant to mark a line having universal
moral significance, can it be that a fetus that is viable in a
big city in the United States hasa privileged moral status
not enjoyed by an identical fetus in a remote areaof a poor
country?
In addition, as the Court once explained, viability is not
really a hard-and-fast line. Colautti, 139 U. S., at 396. A
physician determining a particular fetus's oddsofsurviving
outside the womb must consider “a number of variables,”
including “gestational age,” “fetal weight,” a woman's “gen-
eral health and nutrition,” the “quality of the available
‘medical facilities,” and other factors. Id., at 395-396. It is
thus “only with difficulty” that a physician can estimate the
“probability” of a particular fetus's survival. Id., at 596.
And even ifeach fetus's probabilityof survival could be as
certained with certainty, settling on a “probabilit(y] of sur-
vival” that should count as “viability” is another matter.
Id, at 396. Is a fetus viable with a 10 percent chance of
survival? 25 percent? 50 percent? Can such a judgment be
madeby a State? And can a State specify a gestational age
limit that applies in all cases? Or must these difficult ques-
tions be left entirely to the individual “attending physician
on the particular facts of the case before him? Id.,at388.
‘The viability line, which Casey termed Roe's central rule,
‘makes no sense, anditis telling that other countries almost
uniformly eschew such a lines! The Court thus asserted
raw judicial power to impose, as a matter ofconstitutional
law, a uniform viability rule that allowed the States less
freedom to regulate abortion than the majority of western
democracies enjoy.
iv
5 According to the Center for Reproducive Rights, only the United
States and the Netherlands use viability as & gestational mit on the
availabilityofabortion on request, SoeTho World's Abortion Laws, Cen
tor for Reproductive Rights (Feb. 23, 2021)(lastaccessed Jan. 21, 2022).
Opinionofthe Court
All in all, Roe's reasoning was exceedingly weak, and ac-
‘ademic commentators, including those who agreed with the
decision as a matterofpolicy, were unsparing in their crit-
icism. John Hart Ely famously wrote that Roe was “not con-
stitutional law and gave] almost no sense of an obligation
to try to be.” Ely 947. Archibald Cox, who served as Solic-
itor General under President Kennedy, commented that
Roe “read[s] like asetofhospital rules and regulations” that
“[njeither historian, layman, nor lawyer will be per-
suaded . are part of... the Constitution.” Archibald Cox,
The Role of the Supreme Court in American Government
113-114 (1976). Laurence Tribe wrote that “even if there
is a need to divide pregnancy into several segments with
Lines that clearly identify the limitsofgovernmental power,
‘interest-balancing of the form the Court pursues fails to
Justify any of the lines actually drawn.” Tribe 5. Mark
‘Tushnet termed Roe a “totally unreasoned judicial opinion.”
M. Tushnet, Red, White, and Blue: A Critical Analysis of
Constitutional Law 54 (1988). See also P. Bobbitt, Consti-
tutional Fate 157 (1982); A. Amar, Foreword: The Docu-
ment and the Doctrine, 114 Harv. L. Rev. 26, 110 (2000).
Despite Roe's weaknesses, its reach was steadily ex-
tended in the years that followed. The Court struck down
laws requiring that second-trimester abortions be per-
formed only in hospitals, Akron v. Akron Center for Repro-
ductive Health, Inc.,462U. S. 416, 433-139 (1983); that mi-
nors obtain parental consent, Planned Parenthood of
Central Mo. v. Danforth, 428 U.S. 52, 74 (1976); that
women give written consent after being informedofthe sta-
tus of the developing prenatal life and the risksof abortion,
Akron, 462 U. S., at 442-445; that women wait twenty-four
hours for an abortion, id., at 449-451; that a physician de-
termine viability in a particular manner, Colautti, 439
U.S, at 890-897; that a physician performing a post-via-
bility abortion use the technique most likely to preserve the
life of the fetus, id., at 397-401; and that fotal remains be
Citeas: __U.S.__@0_) 5
Opinionofthe Court
treated in a humane and sanitary manner, Akron, 162
U.S, at 451-452.
Justice White complained that the Court was engaging in
“unrestrained imposition of its own extraconstitutional
value preferences.” Thornburgh, 476 U. S., at 794 (White,
J, dissenting). And the United States as amicus curiae
asked the Court to overrule Roe five times in the decade
before Planned Parenthood v. Casey, see 505 U. S., at 844
(plurality opinion), and then asked the Court to overrule it
once more in Casey itself.
2
When Casey revisited Roe almost 20 years later, very lit-
tleofRoe's reasoning was defended or preserved. The Court
abandoned any reliance on a privacy right and instead
grounded the abortion right entirely on the Fourteenth
Amendment's Due Process Clause. 505 U.S. at 816. The
Court did not reaffirm Roe's erroncous account of abortion
history. In fact, none of the Justices in the majority said
anything about the historyofthe abortion right. And as for
precedent, the Court relied on essentially the same body of
cases that Roe had cited. Thus, with respect to the standard
grounds for constitutional decisionmaking—text, history,
and precedent—Casey did not attempt to bolster Roe's rea-
soning.
The Court also made no real effort to remedy one of the
greatest weaknesses in Roe's analysis—its much-criticized
discussion of viability. The Court retained what it called
Roe's “central holding’—that a State may not regulate pre-
viability abortions for the purpose of protecting fetal life—
but it provided no principled defense of the viability line.
1d., at 860, 870-871. Instead, it merely rephrasedwhat Roe
had said, stating that viability marked the point at which
“the independent existence of a second life can in reason
and fairness be the objectof state protection that now over-
rides the rights of the woman." Id., at 870. Why “reason
Opinionof the Coure:
and fairness” demanded that the line be drawn at viabili
the Court did not explain. And the Justices who authoredty
the controlling opinion conspicuously failed to say that they
agreed with the viability rule; instead, they candidly
acknowledged “the reservations [some] of us may have in
reaffirming [that] holdingof Roe.” Id. at 853.
‘The controlling opinion criticized and rejected Roe's tri-
mester scheme, id., at 872, and substituted a new “undue
burden’ test, but the basis for this test was obscure
as we will explain, the test is full of ambiguities and.isAnd
dif-
Seult to apply.
Casey, in short, either refused to reaffirm or rejected im-
portant aspects of Roe analysis, failed to remedy glaring
deficiencies in Roe's reasoning, endors what it termed
Rod's central holding while suggestinged that a majority
might not have thought it was correct, provided no new sup-
port for the abortion right other than Roe's status as prece-
dent, and imposed a new and problematictestwith no firm
grounding in constitutional text, history, or precedent.
As discussed below, Casey also deployed a novel version
ofthe doctrine of stare decisis. See Part ITI-E, infra. This
new doctrine did not account for the profound wrongness of
the decision in Roe, and placed great weight on an intangi
ble formofreliance with littleifany basis in prior case law.-
Stare decisis does not command the preservation of such a
decision.
©
Workability. Our precedents counsel that another im-
portant consideration in deciding whether a precedent
should be overruled is whether the rule it imposes is work-
able—that is, whether it can be understood and applied in
a consistent and predictable manner. Montejov. Louisiana,
556 U.S. 778, 792 (2009); Patterson v. McLean Credit Un-
ion, 491 U.S. 164, 173 (1989); Gulfstream Aerospace Corp.
Giteas: __U.S.__(20) 5
Opinionofthe Court
v. Mayacamas Corp., 485 U.S. 21, 283-284 (1988). Ca-
sey's “undue burden test has scored poorly on the worka-
bility scale.
1
Problems begin with the very conceptofan “undue bur-
den.” As Justice Scalia noted in his Casey dissent, deter-
‘mining whether a burden is “due” or “undue” is “inherently
standardless.” 505 U. S., at 992 (Scalia, J. dissenting); see
also June Medical Services, LLC, 591 U.S. at _
(GORSUCH, J. dissenting) (slip op., at 17) (‘Whether a bur-
den is deemed undue depends heavily on which factors the
judge considers and how much weight he accords them.” in-
ternal quotation marks and alterations omitted).
The Casey plurality tried to put meaning into the “undue
burden’ test bysettingout three subsidiary rules, but these
rules created their own problems. The first rule is that “a
provisionoflaw is invalid,ifits purpose or effect isto place
a substantial obstacle in the path of a woman seeking an
abortion before the fetus attains viability.” 505 U.S., at 878
(emphasis added); sce also id., at 877. But whether a par-
ticular obstacle qualifies as “substantial” is often open to
reasonable debate. In the sense relevant here, “substan-
tial” means ‘of ample or considerable amount, quantity, or
size” Random House Websters Unabridged Dictionary
1897 (2d ed. 2001). Huge burdens are plainly “substantial.”
and trivial ones are not, but in between these extremes,
there is a wide gray area.
‘This ambiguity is a problem, and the second rule, which
appliesatallstages ofa prognancy, muddicsthingsfurther.
It states that measures designed “to ensure that the
woman's choice is informed” are constitutional so long as
they do not impose “an undue burden on the right.” Casey,
505 U. S,, at 878. To the extent that this rule applics to pre.
viability abortions, it overlaps with the first rule and ap-
pears to imposea different standard. Consider a law that
imposes an insubstantial obstacle butserves little purpose.
As applied to a pre-viability abortion, would such a regula-
tion be constitutional on the ground that it does not impose
a “substantial obstacle"Orwould it be unconstitutional on
the ground that it creates an “undue burden” because the
burden it imposes, though slight, outweighs its negligible
benefits? Casey does not say, and thisambiguitywould lead
to confusion down the line. Compare June Medical, 591
U.S, at __ (slip op., 1-2), with id, at _ (ROBERTS, C. .,
concurring) (slip op., at 5-6).
The third rule complicates the picture even more. Under
that rule, “Jujnnecessary health regulations that have the
purpose or effect of prosenting a substantial obstacle to a
‘woman secking an abortion impose an undue burden on the
right.” 505 US. at 878 (emphasis added). This rule con-
tains no fewer than three vague terms. It includes the two
already discussed—*undue burden” and “substantial obsta-
cle’—even though they are inconsistent. And it adds a
thirdambiguous term when it refer to“unnecessary
s health
regulations.” The term “necessary” has a range of mean-
ings—rom “essential” to merely “useful” See Black's Law
Dictionary 928 (5th ed. 1979); American Heritage Diction
ary of the English Language 877 (1975). Casey did not ex-
plain the sense in which the term is used in this rule.
In addition to these problems, one more applies to all
three rules. They all all on courts to examine a law's effect
on women, but a regulation may have a very different im-
pact on different women for a variety of reasons, including
their placesofresidence, financial resources, family situa-
tions, work and personal obligations, knowledge aboutfetal
development and abortion, psychological and emotional dis-
position and condition, and the firmness of their desire to
obtain abortions. In order to determine whether a regula-
tion presents a substantial obstacle to women, a court needs
to know which setof women it should have in mind and how
many of the women in this sot must find thatan obstacle is
“substantial”
Cites: __US.__(20) 5
Opinion ofthe Court
Casey provided no clear answer to these questions. It
said that a regulation is unconstitutional if it imposes a
substantial obstacle ‘in a large fraction of cases in which
(it) is relevant,” 505 U. S., at 895, but there is obviously no
clear line between a fraction that is “large” and one that is
not. Nor is it clear what the Court meant by “cases in
which” a regulation is “relevant.” These ambiguities have
caused confusion and disagreement. Compare Whole
Woman'sHealth v. Hellerstedt, 579 U. S. 582, __ (2016) (slip
op., at 39), with id,, at _ (ALITO, J., dissenting) (slip op.,
24-25 & n. 11.
2
The difficulty of applying Casey's new rules surfaced in
that very case. The controlling opinion found that Pennsyl-
vania's 24-hour waiting period requirement and its in-
formed-consent provision did not impose “undue burden(s],”
Casey, 550 U. S., at 881-888 (plurality opinion), but Justice
Stevens, applying the same test, reached the opposite re-
sult. 1d, at 920-922 (Stevens, J., concurring in part and
dissenting in part). That did not bode well, and then-Chief
Justice Rehnquist aptly observed that “the undue burden
standard presents nothing more workable than the tri-
mester framework.” Id, at 964-966 (Rehnquist, C. J. dis-
senting)
‘The ambiguityof the “undue burden” test also produced
disagreement in later cases. In Whole Woman's Health v.
Hellerstedt, the Court adopted the cost-benefit interpreta-
tion of the test, stating that that “(tJhe rule announced in
Casey... requires that courts consider the burdens a law
imposes on abortion access together with the benefits those
laws confer.” 579 U.S. __, __ (2016) (lip op., at 19-20) (em-
phasis added). But five years later, a majority of the Jus-
tices rejected that interpretation. See June Medical, 591
U.S. __ (2020). Four Justices reaffirmed Whole Woman's
Health's instruction to “weigh” a law's “benefits” against
56 DOBBS . JACKSON WOMEN'S HEALTH ORGANTZATION
Opinionofthe Court
“the burdens it imposes on abortion access.” /d.,at _(opin-
ion of BREYER, J.) (slip op., at 2) (internal quotation marks
omitted). But the Chief Justice—who cast the deciding
vote—argued that “[nlothing about Casey suggested that a
weighingofcosts and benefitsof an abortion regulation was
a job for the courts.” Id., at __ (ROBERTS, C. J, concurring)
(slip 0p, at 6). And the four Justices in dissent rejected the
lead opinion's interpretationofCasey. See id., at__(ALITO,
J. dissenting, joined in relevant part by THOMAS,
GORSUCH, and KAVANAUGH, JJ) (slip op, at 4); id., at _
(GORSUCH, J. dissenting) (slip op. at 15-18; (RAVANAUGH,
J., dissenting) (slip 0p., at 1-2) (‘five Membersofthe Court
reject the Whole Woman's Healthcost-benefitstandard").
This Court's experience applying Casey has confirmed
Chief Justice Rehnquist's prescient diagnosis that the un-
due-burden standard was “not built to last.” Casey, 505
U.S, at 965 (Rehnquist, C. J, dissenting in part).
3
‘The experience of the Courtsof Appeals provides further
evidence that Casey's “line between” permissible and un-
constitutional restrictions “has proved to be impossible to
draw with precision.” Janus, 585 U.S., at _ (slip op., at
38),
Casey has generated a long list of circuit conflicts. Most
recently, the Courts of Appeals have disagreed about
whether the balancing test from Whole Woman's Health
correctly states the undue-burden framework 5 They have
disagreed on the legality of parental notification rules.
5 Compare Whole Woman's Health v. Pasion, 10 F. 4th 430, 440 (CAS
2021), EMW Women's Surgical Cir, P5.C.v. Friedlander, 078F. 34.418,
437 (CAG 2020), and Hopkins v. Jegley, 968 F. 34 912, 915 (CAS 2020),
with Planned Parenthoodof Ind. & Ky. Inc.v. Bos, 991 F. 30 740, T51-
752 (CAT 2021).
Compare Planned Parenthood v. Canblos, 155 F. 34 352, 367 (CA&
1998), with PlannedPorenthoodof id.&Ky., Ine. v. Adams, 937¥. 34
Citeas: __ U.S __@0_) a
Opinion ofthe Court
They have disagreed about bans on certain dilation and ex-
traction procedures. They have disagreed about when an
increase in the time needed to reach a clinic constitutes an
undue burden And they have disagreed on whether a
state may regulate abortions performed because of the fe-
tus's race, sex, or disability.
The CourtsofAppeals have experienced particular diffi-
culty in applying the large-fraction-of-relevant-casos test.
They have criticized the assignment while reaching unpre-
dictable results.” And they have candidly outlined Casey's
many other problems.
973, 985-990 (CAT 2019), certiorari granted, judgment vacated. 591

U.S. _(2020), and Planned Parenthood v. Miller, 63 F. 30 1452, 1460
(CAS 1995).
Compare WholeWoman's Health v. Pion, 10 F.Ath, at 135-436,
with W. Ala. Women's Cir. v. Williamson, 900 F. 34 1310, 1919. 1327
(CALL 2018), and EMIW Women's Surgical Cir. PSC. v. Friedlander,
960°. 34 785, 806-808 (CAG 2020).
Compare Tucson Woman's Clinic v. Eden, 379 F. 34 531, 541 (CAY
2004), with Women'sMed.Prof?Corp.v. Baird,438F.5d 595, 605(CAG
2006) and Greenuille Women's Clinicv.Bryont, 222F.3d 167, 171-172
(Ad 2000).
ComparePreterm.Cleveland, 994 F. 34 512, 520-535 (CAG 2021),
with LittleRockFamilyPlanningServs. v. Rutledge, 84 P. 3d 652, 685-
690 (CAS 2021).
5Seo, e.2,BristolReg Women'sCenter, PC. v. Slater, 7. 4th 478,
485 (CAG 2021): Reproductive Health Servs. v. Strange, 3 F. ith 1240
1265; June Medical Serus., LLC v. Gee, 05 F. 34 781, 814 (CAS 2020),
reversed, 591 U.S. _ Prterm.-Cleveland, 994 F- 34, st 534; Planet
Parenthood ofArk. & E. Okla. v. Jegley, 564 F.3 953,958-960 (CAB
2017); McCormack v. Hertzog, 788 F. 3d 1017, 1029-100 (CAS 2015;
compare Newman, 305 F.3d. at 699 (Coffey, J. concurring), with i, at
708 (Wood. J. dissenting).
5 Soo, e., Memphis Cir. for Reproductive Health v. Slatery, 14F. 4th
408,451 (CAG 2021) (Thapar,J.concurring injudgment in part and dis-
senting in part).Preterm.Cleveland. 991 F.3d. at 521 (CAG 2021;
Planned Parenthood of nd.&Ky,838. 34, at 313 (Manion, J., concur.
ring in thejudgment inpartanddissenting in part): Planned Parenthood
ofInd. & Ko, Ine.v. Box,949F.5d997, 999(CAT 2015) (Easterbrook,
‘Opinion of the Court
Casey's “undue burden” test has proven to be unworkable.
“[Plucked from nowhere,” 505 U.S., at 965 (Rehnquist,
C.J., dissenting in part), it “seems calculated to perpetuate
give-it-a-try litigation” before judges assigned an unwieldy
and inappropriate task. Lehnert v. Ferris Faculty Assn.,
500U. S.507, 551(1991) (Scalia,J.,concurring inthe judg.
‘ment in part and dissenting in part). Continued adherence
to that standard would undermine, not advance, the “even-
handed, predictable, and consistent development of legal
principles.” Payne, 501 U. S., at 821.
D
Effect on other areasoflaw. Roe and Casey have led to
the distortion of many important but unrelated legal doc-
trines, and that effect provides further support for overrul-
ing those decisions. See Ramos, 590 U.S. at _
(KAVANAUGH, 1, concurring) (slip op. at 8); Janus, 585
U.S, at _ (slip op., at 34).
Members ofthis Court have repeatedly lamented that “no
legal rule or doctrine is safe from ad hoc nullification by the
Court when an occasion for its application arises in a case
involving state regulation of abortion.” Thornburgh, 476
U.S, at 814 (O'Connor, J., dissenting); see Madsen v.
Women's Health Center, Inc., 512 U.S. 753, 185 (1994)
(Scalia, J, concurring in the judgment in part and dissent-
ing in part); Whole Woman's Health, 579 U.S. at _
(THOMAS, J. dissenting) (slip op., at 1); id., at _-__ (ALITO,
J., dissenting) (slip op., at 4-24, 37-43); June Medical, 591
J. concurring in denialofrehearing en base) (How much burden is ‘un-
due’ a matterofjudgment, which depends on what the burdenis
and whother that burdon is oxcessive (x matter of weighing costs and.
benefits, which onejudge is apt todo differently from another: and which
judges asagroupare apt ododifferently from state legislators); Natl
AbortionFednv. Gonzales, 437 F. 34 278, 290-296 (CA2 2008) Walker,
C.J, concurring); Planned Parenthood ofRocky Mountains Servs. Corp.
v. Ouens, 387F. 34.910,931 (CA10 2002) (Baldock.J, dissenting).
Citeas: __U.S__@0) 5
Opinion ofthe Court
U.S, at_~_ (GoRsuCH, J, dissenting) (slip op., at 1-13).
The Courts abortion cases have diluted the strict stand-
ard for facial constitutional challenges. They have ig-
nored the Court's third-party standing doctrine. They
have disregarded standard res judicata principles $! They
have flouted the ordinary rules on the severabilityofuncon-
stitutional provisions,* as well as the rule that statutes
should be read where possible to avoid unconstitutional.
ity And they have distorted First Amendment doc-
trines.
When vindicating a doctrinal innovation requires courts
to engineer exceptions to longstanding background rules,
the doctrine “has failed to deliver the ‘principled and intel:
ligible’ developmentofthe Law that staredecisis purports to
secure.” June Medical, 591 U.S. at __ (THOMAS, J., dis-
senting) (slip op., at 19) (quoting Vasquez v. Hillery, 474
U.S. 254, 265 (1986).
E
Reliance interests. We last consider whether overruling
Roe and Casey will upend substantial reliance interests.
See Ramos, 590 U.S., at _(KAVANAUGH, J., concurring)
* Compare United States v. Salerno, U.S. 739, 745 (1981), with
Casey, 505 U.S.at895; seealsosupra,a481t.
©Compase Warthv. Sedin,422 U. §, 490, 199 1975), and Elk Grove
UnifiedSchoolDist. v.Newdow,542 U. 5. 1, 16, 17-18 (2004), with June
Medical, 591 U.S, at _(AUT, 1 ., dissenting) (slip op. at 29),
(Gorsuc, J. dissenting) ip op. at 6-7) (collecting cases, andid,atWhile
Woman's Health, 579 U.S..at —_n. 1 (THOMAS, 1. Gssenting) (slip op.
atid
Cran Whe Woman's
with id, at Heth 5730.5,
_ (AL, J. dissenting) (lip p., at 10),ac _ i cp, 31
= Compare Whole Woman's Health, at (ui op. at 36-38),withid, at
(ALTO, J, dissenting) (lp op, at,
See Sternbergv. Carhart, 530 U.S 914, 977-978 (2000) (Kennedy,
3, dissenting; id, at 996-997 (THOS, J, dissnting)
5Soo Hil v. Colorado, 630 US. 703, 741-742 (Scalia, J, dissenting);
id, at 765 (Kennedy, J. dissonting).
Opision of the Court
(slip op. at 15); Janus, 585 U. S.,at __ (slip op. at 34-35).
1
Traditional reliance interests arise “when advance plan-
ning of great precision is most obviously a necessity.” Ca-
sey, 505 U. S.,at856 (plurality opinion); see also Payne, 501
U.S, at 828. In Casey, the controlling opinion conceded
that those traditional reliance interests were not implicated
because getting an abortion is generally “unplanned activ-
ity,” and “reproductive planning could take virtually imme.
diate account of any sudden restoration of state authority
to ban abortions.” 505 U.S. at 856. For these reasons, we
agree with the Casey plurality that conventional, concrete
reliance interests are not present here.
2
Unable to find reliance in the conventional sense, the con-
trolling opinion in Casey perceived a more intangible form
of reliance. It wrote that “people [had] organized intimate
relationships and made choices that define their views of
themselves and their places in society] in reliance on the
availability of abortion in the event that contraception
should fail” and that “[t]he ability of women to participate
equally in the economic and social lifeofthe Nation has
been facilitated by their ability to control their reproductive
lives.” Ibid. But this Court is ill-equipped to assess “gen-
eralized assertions about the national psyche.” Id., at 957
(Rehnquist, C. J., concurring in part and dissenting in
part). Casey's notionofreliance thus finds little support in
our cases, which instead emphasize very concrete reliance
interests, like those that develop in “cases involving prop-
erty and contract rights.” Payne, 501 U. S., at 820.
When a concrete reliance interest is asserted, courts are
equipped to evaluate the claim, but assessing the novel and
intangible form of reliance endorsed by the Casey plurality
Citeas:__U.S.__@0) 6
Opinionofthe Court
is another matter. That formofreliance depends on an em-
pirical question that is hard for anyone—and in particular,
for a court—to assess, namely, the effect of the abortion
right on society and in particular on the lives of women.
The contending sides in this case make impassioned and
conflicting arguments about the effects ofthe abortion right
on the livesofwomen. Compare Brief for Petitioners 34
36; Brieffor Amici Curiae Women Scho &Professiona
lars ls,
etal. 13-20, 29-41, withBrieffor Respondents 36-41; Brief
for Nat'l Women's Law Center et al. as Amici Curiae 15-32.
The contending sides also make conflicting arguments
about the status of the fetus. This Court has neither the
authority nor the expertise to adjudicate those disputes,
and the Casey plurality’s speculations and weighing of the
relative importance of the fetus and mother represent a de-
parture from the “original constitutional proposition” that
“courts do not substitute their social and economic beliefs
for the judgmentoflegislative bodies.” Ferguson v.Shrupa,
372 U.S. 726, 729-739 (1963).
Our decision returns the issueof abortion to those legis-
lative bodic, and it allows women on both sidesof the abor-
tion issue to seek to affect the legislative process by influ-
encing public opinion, lobbying legislators, voting, and
running for office. Women are not without electoral or po-
litical power. It is noteworthy that the percentage of
women who register to vote and cast ballots is consistently
higher than the percentage of men who do s0.% In the last
election in November 2020, women, who make up around
51.5% of the population of Mississippi, constituted 55.5%
Soo DopitofCommerce, U.S. Consus Buroau, An Asalysie ofthe

2018 Congressional Election 6, (bl. 5 (Dec. 2021) (showing that women
made up over 50% of the voting population in very congressional elec.
tion between 1978 and 2018).
Dep't.ofCommerce, U.S, Consus Bureau, QuickFacts, Mississippi,
httpeeww.consus goviquickiacMSts (ly 1, 2021),
62 DOBBSu JACKSON WOMEN'S HEALTH ORGANIZATION
Opinion ofthe Cour:
of the voters who cast ballots.*”
3
Unable to show concrete reliance on Roe and Casey them-
selves, the Solicitor General suggests that overruling those
decisions would “threaten the Court's precedents holding.
that the Due Process Clause protects other rights.” Briof
for United Statesas Amicus Curiae 26 (citing Obergefell v.
Hodges, 576 U. 8. 644 (2015); Lawrence v. Texas, 539 U. S.
558 (2008); Griswold v. Connecticut, 381 U. S. 479 (1965)).
That is not correct for reasons we have already discussed.
As even the Casey plurality recognized, “[aJbortion is a
unique act” because it terminates “life or potential life.” 505
U.S, at 852; see also Roe, 410 U. 8., at 159 (abortion is “in-
herently different from marital intimacy,” “marriage,” or
“procreation”). And to ensure that our decision is not mis-
understood or mischaracterized, we emphasize that our de-
cision concerns the constitutional right to abortion and no
other right. Nothing in this opinion should be understood
to cast doubt on precedents that do not concern abortion.
mv
Having shown that traditional stare decisis factors do not.
weigh in favor of retaining Roe or Casey, we must address
one final argument that featured prominently in the Casey
plurality opinion.
The argument was cast in different terms, but stated
simply, itwas essentially as follows. The American people's
belief in the ruleof Law would be shakenif they lost respect.
for this Courtas an institution that decides important cases
based on principle, not “social and political pressures.” Ca-
sey, 505 U. S., at 865. There is a special danger that the
Dep'tofCommerc, U.S. Consus Bureau, Voting and Registration

in tho FlactionofNoversber 2020, Table 4b, Reparted Voting and Res
ration, by Sx, Race and Hispanic Origin, for Statos: November 2020,
hitpswww census govilatatableskime seriesdemorvotiok and regis.
ration/p0.385 hin.
Ciloas: __U.S.__@0) 8
Opinionofthe Court.
public will perceive a decision as having been made for un-
principled reasons when the Court overrules acontroversial
“watershed” decision, such as Roe. Id., at 866-867. A deci-
sion overruling Roe would be perceived as having been
‘made “under fire” and as a “surrender to political pressure,”
id, at 867, and therefore the preservation of public ap-
‘provalofthe Court weighs heavily in favor of retaining Roe,
see id., at 869.
‘This analysis starts out on the right foot but ultimately
veers off course. The Casey plurality was certainly right
that it is important for the public to perceive that our deci-
sions are based on principle, and we should make every cf-
fort to achieve that objective by issuing opinions that care-
fully show how a proper understanding of the law leads to
the results we reach. But we cannot exceed the scopeofour
authority under the Constitution, and we cannot allow our
decisions to be affected by any extraneous influences such
as concern about the publics reaction to our work. Cf.
Texas v. Johnson, 491 U. 8. 397 (1989); Brown v. Board of
Education, 347 U.S. 483 (1954). That is true both when we
initially decide aconstitutional issue and when we consider
whether to overrule a prior decision. As Chief Justice
Rehnquist explained,“The Judicial Branch derives its legit-
imacy, not from following public opinion, but from deciding
by its best lights whether legislative enactments of the pop-
ular branches of Government comport with the Constitu-
tion. The doctrineofstare decisis is an adjunct of this duty
and shoubeno ld more subject to the vagariesof public opin-
ion than is thebasic judicial task” Casey, 505 U. S., at963
(Rehnquist, C. J.) In suggesting otherwise, the Casey plu-
rality went beyond this Court's role in our constitutional
system.
“The Casey plurality “callfed] the contending sides of a na-
tional controversy to end their national division,” and
claimed the authority to impose a permanent settlement of
the issue ofa constitutional abortion right simply by saying
Opinionof the Court
that the matter was closed. Id, at 867. That unprece-
dented claim exceeded the power vested in us by the Con-
stitution. As Hamilton famously put it, the Constitution
gives the judiciary “neither Force nor Will” The Federalist
No. 78, p. 523 (J. Cooke ed. 1961). Our sole authority is to
exercise ‘judgment’—whichis to say, the authority to judge
what the law means and how it should apply to the case at
hand. Ibid. The Court has no authority to decree that an
erroneous precedent is permanently exempt from evalua-
tion under traditional stare decisis principles. A precedent
of this Court is subject to the usual principlesofstare deci-
sis under which adherence to precedent is the norm but not
an inexorable command. If the rule were otherwise, erro-
neous decisions like Plessy and Lochner would still be the
Taw. That is not how stare decisis operates.
‘The Casey plurality also misjudged the practical limits of
this Courts influence.Roecertainly did not succeed in end-
ing division on the issue of abortion. On the contrary, Roe
“inflamed” a national issue that has remained bitterly divi-
sive for the past half-century. See Casey, 505 U.S, at 995
(Scalia, J., dissenting); see also R. B. Ginsburg, Speaking
in
a Judicial Voice, 67 N.Y.U. L. Rev. 1185, 1208 (1992) (Roe
may have "halteda political process,” “prolonged divisive-
ness,” and “deferred stable settlementofthe issue.’). And
for the past 30 years, Casey has done the same.
Neither decision has ended debate over the issue of a
constitutional right to obtain an abortion. Indeed, in this
case, 26 States expressly ask us to overrule Roe and Casey
and to return the issue of abortion to the people and their
elected representatives. This Court's inability to cnd de-
bate on the issue should not have been surprising. This
Court cannot bring about the permanent resolution of a
rancorous national controversy simply by dictating a settle-
ment and telling the people to move on. Whatever influence
the Court may have on public attitudes must stem from the
strength of our opinions, not an attempt to exercise “raw
Citoas: __U.S__ 0) 6
Opinionofthe Court
judicial power.” Roe, 410 U.S, at 222 (White, J., dissent.
ing).
We do not pretend to know how our political system or
society will respond to today’s decision overruling Roe and
Casey. And evenif we could foresee what will happen, we
would have no authority to let that knowledge influence our
decision. We can only do our job, which is to interpret the
law, apply longstanding principles of stare decisis, and de-
cide this case accordingly.
We therefore hold that the Constitution does not confer a
right to abortion. Roe and Casey must be overruled, and the
authority to regulate abortion must be returned to the peo-
ple and their elected representatives.
v
We must now decide what standard will governifstate
abortion regulations undergo constitutional challenge and
whether the law before us satisfies the appropriate stand-
ard.
A
Under our precedents, rational-basis review is the appro-
priate standard for such challenges. As we have explained,
‘procuring an abortion is not a fundamental constitutional
right because sucha right has no basis in the Constitution's
text or in our Nation's history. See supra, at _-_.
Tt follows that the States may regulate abortion for logit-
imate reasons, and when such regulations are challenged
‘under the Constitution, courts cannot “substitute their so-
cialandeconomic beliefs forthejudgmentoflegislative bod-
ies.” Ferguson, 372 U. S. at 729-139; see also Dandridge v.
Williams, 397 U.S. 471, 484-486 (1970); United States v.
Carolene Products Co., 304 U. S. 144, 152 (1988). That re.
spect for a legislature's judgment applies even when the
laws at issue concern matters of great social significance
and moral substance. See, e.g, BoardofTrustees of Univ.
Opinionofthe Court
ofAla. v. Garrett, 531 U. S. 356, 365-368 (2001) (‘treatment
ofthe disabled"; Glucksberg, 521 U. S. at 728 (‘assisted su-
cide"); San Antonio Independent School Dist. v. Rodrigues,
411U.S. 1, 32-35, 55 (1973) (‘financing public education’).
Alaw regulating abortion, like other health and welfare
laws, is entitled to a “strong presumption of validity.” Hel-
ler, 509 U.S, at 319. It must be sustainedifthere is a ra-
tional basis on which the logislature could have thought
that it would serve legitimate state interests. Id., at 320;
FCC v. Beach Communications, Inc., 508 U.S. 307, 313
(1998); New Orleans, 421 U.S, at 303; Williamson v. Lee
Optical of Okla., Inc. 348 U.S. 483, 491 (1955). These le-
gitimate interests include respect for and preservation of
prenatal life at all stages of development, Gonzales, 550
U.S, at 157-158; the protection of maternal health and
safety; the elimination of particularly gruesome or barbaric
medical procedures; the preservation of the integrity of the
medical profession; the mitigation offetal pain; and the pre-
vention of discrimination on the basis of race, sex, or disa-
bility, See id., at 156-157;Roe, 410 U.S. at 150; of. Glucks-
berg, 521 U. S., at 728-731 (identifyingsimilar interests).
B
These legitimate interests justify Mississippi's Gesta-
tional Age Act. Except “in a medical emergency or in the
case of a severe fetal abnormality,” the statute prohibits
abortion “if the probable gestational age of the unborn hu.
man being has been determined to be greater than fifteen
(15) weeks.” Miss. Code Ann. §41-41-191(4)(b). The Mis-
sissippi Legislature's findings recount the stagesofhuman
prenatal development” and assert, the State's interest in
“protecting the life of the unborn.” Id. §2(b))(2). The log-
islature also found that abortions performed after fifteen
weeks typically use the dilation and evacuation procedure,
and the legislature found theuseofthis procedure “for non-
therapeutic or elective reasons [to be] a barbaric practice,
Citeas: __U.S.__@_) o
Opinionof the Court
dangerous for the maternal patient, and demeaning to the
medical profession.” Id. §2(b)i)(®); see also Gonzales, 550
U.S, at 185-143 (describing such procedures). These legit-
imate interests provide a rational basis for the Gestational
Age Act, and it follows that respondents’ constitutional
challenge must fail.
vi
‘We end this opinion where we began. Abortion presents
a profound moral question. The Constitution does not pro-
hibit the citizensofeach State from regulating or prohibit-
ing abortion. Roe and Casey arrogated that authority. We
now overrule those decisions and return that authority to
the people and their clected representatives.
‘The judgment of the Fifth Circuit is reversed, and the
case is remanded for further proceedings consistent with
this opinion.
tis 50 ordered.
Opini ofthe
on Court
APPENDIX A
This appendix contains statutes criminalizing abortion at
all stages ofpregnancy in the States existing in 1868. The
statutes appear in chronological order.
1. Missouri (1825):
That every person who shall wilfully and maliciously
administer or cause to be administered to or taken by
any person, any poison, or other noxious, poisonous or
destructive substance or liquid, with an intention to
harm himorher thereby to murder,or thereby fo cause
or procure the miscarriage of any woman then being
with child, and shallthereof be duly convicted, shall
suffer imprisonment not exceeding seven years, and be
fined not exceeding three thousand dollars.
2. Illinois (1827):
Every person who shall wilfully and maliciously ad-
minister, or cause to be administered to, or taken by
any person, any poison, or other noxious or destructive
substance or liquid, with an intention to cause the
death of such person, or to procure the miscarriage of
‘any woman, then being with child, and shall thereof be
duly convicted, shall be imprisoned for a term not ex-
ceeding three years, and be fined in a sum not exceed-
ing one thousand dollars©.
© Actof July 4,1925, ch.1,§12,1Mo. Laws 281, 283 1825 scoalso

);
ActofMar. 20, 1835, Mo. Rev. Stat. ari 1, §§ 10, 3 (extending lability
to abortions performby ed instrument and establishing differential pen
alties for pre- and post-quickening abortion).1835) emphasis added)
© Tl. Rov. Codo § 46 (1627) (smphasis adde seealsoIIL
d); Rov. Code
§46 1539) (samo) IL. Pub. Laws § 1 (1867) oxtonding ibility t aber.
ions "by mean ofans instrumen and raising penaltiest imprison.
ment “uot less than two nor mare ts”than ten years).
Citas: __US.__ (0) 6
Opinionofthe Court
3. New York (1828):
Sec. 9. Every person who shall administer (o any
woman pregnant wit a quick
h child, any medicine, drug
or substance whatever, or shall use or employ any in
strument or other means, with intent thereby to de-
stroy such child, unless the same shall have been nec-
essary to preserve the life of such mother,or shall have
been advised by two physicians to be necessary for such
purpose, shall, in case the deathof such child orof such
‘mother be thereby produced, be deemed guilty of man-
slaughter in the second dogrec.
Sec. 21. Every person who shall willfully administer to
anypregnant woman, any medicine, drug, substance or
thing whatever, or shall use or employ any instrument
of other means whatever, with intent, thereby to pro-
cure the miscarriage of any such woman, unless the
same shall have been necessary to preserve the life of
such woman, or shall have been advised by two physi-
cians to be necessaryfor that purpose; shall, upon con-
viction, be punished by imprisonment in a county jail
not more than one year, or by fine not exceeding five
hundred dollars, or by both such fine and imprison.
ment.
4. Ohio (1834):
Sec. 1. Be it enacted by the General Assemblyof State
of Ohio, That any physician,or other person, who shall
wilfully administer to any pregnant woman any medi-
cine, drug, substance, or thing whatever, or shall use
any instrument or other means whatever, with intent
thereby to procure the miscarriageofany such woman,
unless the same shall have been necessary to preserve
TON.Y. Rev. Stat pi. IV, ch. L ti. 1 9: i, at it. VI, §21 1828-1855);
ActofDec. 10, 1628 (codifyingt hese provisions in the revised statutes).
70 DOBBS v. JACKSONWOMENS HEALTH ORGANIZATION.
the life of such woman, or shall have been advised by
two physicians to be necessary for that purpose, shall,
upon conviction, be punished by imprisonment in the
county jail not more than one year, or by fine not ex-
ceeding five hundred dollars, or by both such fine and
imprisonment.
Sec. 2. That any physician, or other person, who shall
administer to any woman pregnant with a quick child,
any medicine, drug, or substance whatever, or shall use
or employ any instrument, or other means, with intent
thereby to destroy such child, unless the same shall
have been neces topreserve
sary the lifeof such mother,
or shall have been advised by two physicians to be nce:
essary for such purpose, shall, in caseofthe death of
child or mother in consequence thereof, be deemed
guilty of high misdemeanor, and, upon conviction
thereof, shall be imprisoned in the penitentiary not
more than seven years, nor less than one year.’!
5. Indiana (1835):
“That every person who shall wilfully administer fo any
pregnant woman, any medicine, drug, substance or
or other means whatever, with intent thereby to pro-
cure the miscarriage of any such woman, unless the
same shall have been necessary to preserve the life of
such woman, shall upon conviction be punished by im-
prisonment in the county jail any term of time not ex-
ceeding twelve months and be fined any sum not ex-
ceeding five hundred dollars.
Act ofFob. 27, 1834, 1,2, 1834 Ohio Laws 20-21 (emphasisadded).
7ActofFeb. 7, 1835, ch. 47, § 3, 1835 Ind. Gen. Laws 66 (omphasis
added
Gites:__U.S.__@0_) n
6. Maine (1840):
Sec. 13. Every person, who shall administer fo any
woman pregnant with child, whether such child be
quick or not, any medicine, drug or substance what-
ever, or shall use or employ any instrument or other
means whatever, with intenttodestroy such child, and
shall thereby destroy such child before its birth, unless
the same shall have been done as necessary to preserve
the life of the mother, shall be punished by imprison-
ment in the state prison, not more than five years, or
by fine, not exceeding one thousand dollars, and im-
prisonment in the county jail, not more than one year.
Sec. 14. Every person, who shall administer fo any
woman, pregnant with child, whether such child shall
be quick or not, any medicine, drug or substance what-
ever, or shall use or employ any instrument or other
means whatever, with intent thereby to procure the
‘miscarriage of such woman, unless the same shall have
been done, as necessary to preserve her life, shall be
‘punished by imprisonment in the county jail, not more
than one year, or by fine, not exceeding one thousand
dollars.
7. Alabama (1841):
Sec. 2. Every person who shall wilfully administer to
any pregnant woman any medicines, drugs, substance
orthingwhatever,orshall use and employ any instru-
‘ment or means whatever with intent thereby to procure
the miscarriageof such woman, unless the same shall
be necessary to preserve her life, or shall have been ad-
vised by a respectable physician to be necessary for
that purpose, shall upon conviction,be punished by fine.
Me. Rov. Stat.ch. 160, §§ 19-14 (1340) (emphasis added)

‘Opinion of the Court
not exceeding five hundred dollars, and by imprison-
mentin the countyjail, not less than three, and not ex-
ceeding six months 7
8. Massachusetts (1845):
Whoever, maliciously or without lawful justification,
with intent to cause and procure the miscarriage of a
woman then pregnant with child, shall administer to
her, prescribe for her, or advise or direct her to take or
swallow, any poison, drug, medicine or noxious thing,
or shall cause or procure her with like intent, to take or
swallow any poison, drug, medicine or noxious thing;
and whoever maliciously and without lawful justifica-
tion, shall use any instrument or means whatever with
the like intent, and every person, with the like intent,
knowingly aiding and assisting such offender or offend
ers, shall be deemed guilty of felony, if the woman die
in consequence thereof, and shall be imprisoned not
‘more than twenty years, nor less than five years in the
State Prison; and if the woman doth not die in conse.
quence thereof, such offender shall be guilty of a mis-
demeanor, and shall be punished by imprisonment not
exceeding seven years, nor less than one year, in the
state prison or houseofcorrection, or common jail, and
by fine not exceeding two thousand dollars. ™
9. Michigan (1846):
Sec. 33. Every person who shall administer fo any
womanpregnant with aquick child, any medicine, drug
or substance whatever, or shall use or employ any, in-
strument or other means, with intent thereby to de-
essaryto preserve the lifeof such mother, or shall have
ActofJan. 9, 1811, ch. 6,§2, 1641Ala. Acts 143 (emphasisadded).
7ActofJan. 31, 1815,ch. 27, 1845 Masa, Acts 406 (emphasis added).
Citoas: __U.S.__ 0) n
Opinionof the Court
been advised by two physicians to be necessary for such
purpose, shall,in case the deathofsuch child orofsuch
mother be thereby produced, be deemed guiltyofman-
slaughter.
Sec. 34. Every person who shall wilfully administer to
any pregnant woman any medicine, drug, substance or
thing whatever, or shall employ any instrument or
other means whatever, with intent thereby to procure
the miscarriage of any such woman, unless the same
shall have been necessary to preserve the life of such
woman, or shall have been advised by two physicians
tobe necessary for that purpose, shall, upon conviction,
be punished by imprisonment in a county jail not more
than one year, or by a fine not exceeding five hundred
dollars, or by both such fine and imprisonment.”
10. Vermont (1846):
Whoever maliciously, or without lawful justification
with intent to cause and procure the miscarriage of a
woman, then pregnant with child, shall administer to
her, prescribe for her, or adviseordirect her to take or
swallow any poison, drug, medicine or noxious thing, or
shall cause or procure her, with like intent, to take or
swallow any poison, drug, medicine or noxious thing,
and whoever maliciously and without lawful justifica-
tion, shall use any instrume ormeans
nt whatever, with
the like intent, and every person, with the like intent,
knowingly aiding and assisting such offenders, shall be
deemed guilty of felony, if the woman die in conse-
quence thereof, and shall be imprisoned in the state
prison, not more than ten years, nor less than five
years; and if the woman does not die in consequence
thereof, such offenders shall be deemed guilty ofa mis-
demeanor; and shall be punished by imprisonment in
*Mich. Rev. Stat. ch. 163, §§ 33-31 (1846) (emphasis added)
the state prison not exceeding three years, nor less
than one year, and pay a fine not exceeding two hun-
dred dollars.”
11. Virginia (1848):
Any free person who shall administer to any pregnant
woman, any medicine, drug or substance whatever, or
use or employ any instrument or other means with in-
tent thereby to destroy the child with which such
woman may be pregnant, or to produce abortion or mis-
carriage, and shall thereby destroy such child, or pro-
duce such abortion or miscarriage, unless the same
shall have been done to preserve the life of such
woman, shall be punished, if the death ofa quick child
be thereby produced, by confinement in the peniten-
tiary, for not less than one nor more than five years, or
if the deathof a child, not quick, be theroby produced,
by confinement in thejail for not less than one nor more
than twelve months."
12. New Hampshire (1849):
Sec. 1. That every person, who shall wilfully administer
to anypregnant woman, any medicine, drug, substance
or thing whatever, or shall use or employ any instru
ment ormeans whatever with intent thereby to procure
the miscarriageof any such woman, unless the same
shall have been necessary to preserve the life of such
woman, or shall have been advised by two physicians
to be necessary for that purpose, shall, upon conviction,
be punished by imprisonment in the county jail not
‘more than one year, or by a fine not exceeding one thou-
sand dollars, or by both such fine and imprisonment at
7Actof ct. 30, 1846, No. 33, 1846 Vi. Acts 34:35 (emphasis added)
Act of Mar. 14, 1848, it. 1, ch. 3,§9, 1848 Va. Acts 96 (emphasis
added),
Citeas __U.S.__@0_)
Opinionofthe Court
the discretion of the Court.
womanpregnant with a quick child, any medicine, drug.
or substance whatever, or shall use or employ any in-
strument or means whatever, with intent thereby to
destroy such child, unless the same shall have been
necessary to preserve the life of such woman, or shall
have beenadvisedby two physicians to benecessaryfor
such purpose, shall, upon conviction, be punished by
fine not exceeding one thousand dollars, and by con-
finement tohard labor not less than one year, nor more
than ten years.
13. New Jersey (1849):
That if any person or persons, maliciously or without
lawful justification, with intent to cause and procure
the miscarriage ofa woman then pregnant with child,
shall administer to her, prescribe for her, or advise or
direct her to take or swallow any poison, drug, medi-
cine, or noxious thing; andifany poison or persons ma-
liciously, and without lawfuljustification, shall use any
instrument or means whatever, with the like intent;
and every person, with the like intent, knowingly aid
ing and assisting such offender or offenders, shal, on
conviction thereof, be adjudged guilty ofa high misde-
meanor; and if the woman die in consequence thereof,
shall be punished by fine, not exceeding one thousand
dollars, or imprisonment at hard labour for any term
not exceeding fifteen years, or both; and if the woman
doth not die in consequence thereof, such offender
shall, on conviction thereof, be adjudged guilty of a mis-
demeanor, and be punished by fine, not exceeding five
hundred dollars, or imprisonment at hard labour, for
Act of Jan. 4, 1849, NL Laws ch. 743, §§ 1.2 (1848) (emphasis
added),
76 DOBBS v. JACKSON WOMENS HEALTH ORGANIZATION
Opinion ofthe Court
any term not exceeding seven yoars, or both.
14. California (1850):
And every person who shall administer or cause to be
administered or taken, any medical substances, or
shall use or cause to be used any instruments what-
ever, with the intention to procure the miscarriage of
‘any woman then being with child, and shall be thereof
duly convicted, shall be punished by imprisonment in
the State Prison for a term not less thantwoyears, nor
more than five years: Provided, that no physician shall
be affected by the last clauseofthis section, who, in the
discharge ofhis professional duties, deems it necessary
to produce the miscarriage of any woman in order to
save her lifes!
16. Texas (1854):
If any person, with the intent to procure the miscar-
riage of any woman being with child, unlawfully and
‘maliciously shall administer to her or cause to be taken
by her any poison or other noxious thing, or shall use
any instrument or any means whatever, with like in-
tent, every such offender, and every person counseling
or aiding or abetting such offender, shall be punished
by confinement to hard labor in the Penitentiary not
exceeding ten years.S:
16. Louisiana (1856):
Whoever shall feloniously administer or cause to be ad-
ministered any drug, potion, or any other thing to any
woman, for the purpose of procuring a premature de-
©ActofMar. 1, 1848, 1849 N.J. Laws 266-267 (emphasis added)
Cal.Sess.Stats ch. 99,§ 45 (1649-1850) emphasisadded).
Ack ofFeb. , 1854, § 1, 1854 Tex. Gen. Laws 58 (emphasia added).
Citas: __U.S.__@0)
livery, and whoever shall administeror cause to be ad-
ministered to any woman pregnant with child, any
drug, potion, or any other thing, for the purpose of pro-
curing abortion, or a premature delivery, shall be im-
prisoned at hard labor, for not less than one, nor more
than ten years.
17. Towa (1858):
That every person who shall willfully administer to any
pregnant woman, any medicine, drug, substance or
or other means whatever, with the intent thereby to
procure the miscarriage of any such woman, unless the
same shall be necessary to preserve the life of such
‘woman, shall upon conviction thereof, be punished by
imprisonment in thecountyjail for a term of not ex-
ceeding one year, and be fined in a sum not exceeding
one thousand dollars. *
18. Wisconsin (1858):
Sec. 11. Every person who shall administer to any
woman pregnant with a child any medicine, drug, or
substance whatever, or shall use or employ any instru-
ment or other means, with intent thereby to destroy
such child, unless the same shall have been necessary
to preserve the life of such mother, or shall have been
advised by two physicianstobe necessaryfor such pur.
pose, shall, in case the death of such child or of such
motherbe thereby produced, be deemed guilty of man-
slaughter in the second degree.
Sect. 58. Every person who shall administer fo any
La. Rev. Stat. §24 1856) (emphasis added).
#4Act ofMar. 15, 1868, § 1 (codified
inTowa Rov. Law, it.25, ch. 165,
art. 3, $4221) (emphasis added)
Wis. Rov. Stat. ch. 164,§ 11,ch. 169, §58 (1559) omphass addod).
pregnant woman, or prescribe for any such woman, or
advise or procure any such woman to take, any
cine, drug,or substance or thing whatever, or shallmodi-
or employ any instrument or other means whatever,use or
advise or procure the same to be used, with intent
thereby to procure the miscarriageofany such woman,
shall upon conviction be punished by imprisonment
a county jail, not more than one year nor less thanin
three months, or by fine, not exceeding five hundred
dollars, or by both fine and imprisonment, at the dis-
cretionof the court.
19.Kansas (1859):
woman, pregnant with a quick child, any medicine,
drug or substance whatsoever, or shall use or employ
any instrument or other means, with intent thereby to
destroy such child, unless the same shall have been
necessary to preserve the life of such mother,
have been advised by a physician to be necessoraryshall
for
that purpose, shall be deemed guilty of manslaughter
in the second degree.
Sec. 87. Every physician or other person who shall wil.
fully administer to anypregnant woman any medicine,
drug or substance whatsoever, or shall use or employ
any instrument or means whatsoever, with intent
thereby to procure abortion or the miscarriage of any
such woman, unless the same shall have been neces.
sary to preserve the life of such woman, or shall
been advised by a physician to be necessary for have
purpose, shall, upon conviction, be adjudged guilty that
misdemeanor, and punished by imprisonment inofaa
county jail not exceeding one year, or by fine not ex-
ceeding five hundred dollars, or by both such fine and
Citoas __U.S.__(0) 3
Opinionofthe Court
imprisonment.
20. Connecticut (1860):
‘That any person with intent to procure the miscarriage
or abortionofany woman, shall give or administer to
her, prescribe for her, or advise, or direct, or cause or
procure her to take, any medicine, drug or substance
whatever, or use or advise the use of any instrument,
or other means whatever, with the like intent, unless
the same shall have been necessary to preserve the life
of such woman, orofher unborn child, shall be deemed
guiltyof felony, and upon due conviction thereof shall
be punished by imprisonment in the Connecticut state
prison, not more than five years or less than one year,
or by a fineof one thousand dollars,orboth, at the dis-
cretion of the court."
21. Pennsylvania (1860):
Sec. 87. If any person shall unlawfully administer to
any woman, pregnant or quick with child, or supposed
and believed to be pregnant and quick with child, any
drug, poison, or other substance whatsoever, or shall
unlawfully use any instrument or other means whatso-
ever, with theintentto procure the miscarriageof such
woman, and such woman, or any child with which she
may be quick, shall dic in consequenceofeither of said
unlawful acts, the personsooffending shall be guilty of
felony, and shall be sentenced to pay a fine not exceed-
ing five hundred dollars, and to undergo an imprison-
‘ment, by separate or solitary confinement at labor, not
exceeding seven years.
Act ofFeb. 3, 1859, ch. 28, §§ 10, 37, 1859 Kan. Laws 232.233, 257
(emphasis added).
7 Conn. Pub.Actsch.LXX, §§ 1:2(1860) (emphasis added).
80 DOBBS u. JACKSON WOMENS HEALTH ORGANIZATION
Opinionofthe Court
Sec. 88. If any person, with intent to procure the mis-
carriageof any woman, shall unlawfully administer to
her any poison, drug or substance whatsoever, with the
like intent, such person shall be guilty of felony, and
being thereofconvicted, shallbesentence topayad fine
not exceeding five hundred dollars, and undergoanim-
prisonment, by separate or solitary confinement at la-
bor, not exceeding three years. %
22. Rhode Island (1861):
Every person who shall be convictedof wilfully admin-
istering(oanypregnant woman, or to any woman sup-
posed by such person to be pregnant, anything what-
ever, or shall employ any means whatever, with intent
thereby to procure the miscarriageof such woman, un-
loss the same is necessary to preserve her life, shall be
imprisoned not exceeding one year, or finednot exceed-
ing one thousand dollars.
23. Nevada (1861):
[E}very person who shall administer, orcause to be ad-
‘ministered or taken, any medicinal Substance, or shall
use, or cause to be used, any instruments whatever,
with the intention to procure the miscarriage of any
woman then being with child, and shall be thereof duly
convicted, shall be punished by imprisonment in the
Territorial prison, for a term not less than two years,
nor more than five years; provided, that no physician
shall be affected by the last clauseofthis section, who,
in the dischar ofhisprofe
ge ssional duties, deems it nec
=Ac ofMar. 31, 1860,

405 (emphasis added). No. 374, it. 6, §§ 87-85, 1850Pa. Laws 404
Act ofMar. 15, 1861, ch. 371, 1,Act 7 Resolves I.133 empha:
sis added.
Citoas: _ U.S.__@0_) 5
Opinionofthe Court
essary to produce the miscarriagoof any woman in or-
der to save her life.
24. West Virginia (1863):
West Virginia's Constitution adopted the laws of Virginia
when it became its own State:
Such parts of the common law and of the laws of the
State of Virginia as are in force within the boundaries
of West Virginia when this Constitution Goes into op-
eration, and are not repugnant thereto, shall be and
continue the law of this State until altered or repealed
by the Legislature!
The Virginia law in force in 1863 stated:
Any free person who shall administer to, or cause to be
taken, by a woman, anydrugor other thing, or use any
means, with intent to destroy her unborn child, or to
‘produce abortion or miscarriage, and shall thereby de-
stroy such child, or produce such abortion or miscar-
riage, shall be confined in the penitentiary not less
than one, nor more than five years. No person, by rea-
son of any act mentioned in this section, shall be pun-
ishable where such act is done in good faith, with the
intentionofsaving the lifeofsuch woman or child.®
25. Oregon (1864):
If any person shall administer to any womanpregnant
with child, any medicine, drug or substance whatever,
or shall use or employ any instrument or other means,
#0Actof Nov. 26, 1861, ch. 28, iv. 4, §42, 1861 Nov.Laws63 (empha.
sis added).
2 W.V. Const, Art. XI, §8 1862)
5Va. Code Gt. 54, ch. 191, § 8 (1849) (emphasis added) seealsoW. Va.
Code, ch. 144, §8 (1870) similar.
with intent thereby to destroy such child, unless the
same shall be necessary to preserve the life of such
mother, such person shall, in case the death of such
child or mother be thereby produced, be deemed guilty
of manslaughter.
26. Nebraska (1866):
Every person who shall willfully and maliciously ad-
minister or cause to be administered to or taken by any
‘person, any poison or other noxious or destructive sub-
stance or liquid, with the intention to cause the death
of such person, and being thereof duly convicted, shall
be punished by confinement in the penitentiary for a
term not less than one year and not more than seven
sears. And every person who shall administer or cause
to be administered or taken, any such poison, sub-
stance or liquid, with the intention to procure the mis-
carriageofany woman then being with child, and shall
thereof be duly convicted, shall be imprisoned for a
term not exceeding three years in the penitentiary, and
fined in a sum not exceeding one thousand dollars.
27. Maryland (1868):
And be it enacted, That any person who shall know-
ingly advertise, print, publish, distribute or circulate,
or knowingly cause to be advertised, printed, pub-
lished, distributed or circulated, any pamphlet, printed
paper, book, newspaper notice, advertisement or refer-
ence containing words or language, giving or conveying
any notice, hint or reference to any person, or to the
# Actofct, 19, 1864, Ore. Gon. Laws, Crim. Code, ch. 43, § 509 (1845.
186
hc a. 10,1866, Ne. Rov, Set. 4h 4.42186) mph
sis added); se also Neb. Gen. Stat. ch. 5, §§ 6, 39 (1873) (expanding
ximinal labilityforabortions by other means, including instruments).
Citeas: U.S. __@0_) 8
Opinion ofthe Court
name of any person real or fictitious, from whom; or to
any place, house, shop or office, when any poison, drug,
mixture, preparation, medicine or noxious thing, or any
instrument or means whatever; for the purpose ofpro-
ducing abortion, or who shall knowingly sell, or cause
to be sold any such poison, drug, mixture, preparation,
medicine or noxious thing or instrument of any kind
whatever; or where any advice, direction, information
or knowledge may be obtained for the purposeofcaus-
ing the miscarriage or abortion ofany woman pregnant
with child, at any period of her pregnancy, or shall
knowingly sell or cause to be sold any medicine, or who.
shall knowingly use or cause to be used any means
whatsoever for that purpose, shall be punished by im-
prisonment in the penitentiary for not less than three
years, or by a fine of not less than five hundred nor
‘more than one thousand dollars, or by both, in the dis-
cretion of the Court; and in case of fine being imposed,
onethereof shall be paid to the State of Maryland, and
one-half to the School Fund of the city or county where
the offence was committed; provided, however, that
nothing herein contained shall be construed so as to
prohibit the supervision and management by a regular
practitioner of medicineofall casesofabortion occur-
ring spontancously, either as the result of accident,
constitutional debility, or any other natural cause, or
the production of abortion by a regular practitioner of
medicine who, after consulting with one or more re-
spectable physicians, he shall be satisfied that the foe-
tus is dead. or that no other method will secure the
safety of the mother.
#ActofMar. 28, 1868, ch. 179, 1858 Md. Laws 314-316 (emphasis
added),
84 DOBBS v. JACKSON WOMEN'SHEALTH ORGANIZATION
Opinionofthe Court
25. Florida (1868):
Ch. 1, Sec. 11. Every person who shall administer fo
any woman pregnant with a quick child any medicine,
drug,or substance whatever, or shalluseor employany
instrument, or other means, with intent thereby to de
essary to preserve the lifeof such mother, or shall have
been advised by two physicitobe ans necess ary
forsuch
purpose, shall, in case the deathof such child orofsuch
mother be thereby produced, be deemed guilty of man-
slaughter in the second degree.
Ch. VIL Sec. 9. Whoever, with intenttoprocure mis-
carriage ofany woman, unlawfully administers to her,
or advises, or prescribes for her, or causes to be taken
by her, any poison, drug, medicine, or other noxious
thing, or unlawfully uses any instrument or other
‘means whatever with thelike intent,orwithlikeintent
aids or assists therein, shall,if the woman does not die
in consequence thereof, be punished by imprisonment,
in the State penittentiary not exceeding seven years,
nor less than one year, or by fine not exceeding one.
thousand dollars %
29. Minnesota (1873):
Sec. 1. That any person who shall administer lo any
woman with child, or prescribe for any such woman, or
suggest to, or advise, or procure her to take any medi-
cine, drug, substance or thing whatever, or who shall
use or employ, or advise or suggest the use or employ-
ment of any instrument or other means or force what-
% ActofAug. 6, 1668,ch. 1657, no. 1,ch. 3,§ 11, ch.

,§9, 1866Fla
Laws 64, 97 (mphasis added).
Cites: __U.S__@0) 8
Opinion ofthe Court
ever, with intent thereby to cause or procure the mis-
carriage or abortion or premature labor of any such
woman, unless the same shall have been necessary to
preserve her life, or the life of such child, shall, in case
the death of such child or of such woman results in
whole or in part therefrom, be deemed guilty of a fel-
ony, and upon conviction thereof, shall be punished by
imprisonment in the state prison for a term not more
than ten (10) years nor less than three (3) years.
Sec. 2. Any person who shall administer o any woman.
with child, or prescribe, or procure, or provide for any
such woman, or suggest to, or advise, or procure any
such woman to take any medicine, drug, substance or
thing whatever, or shall use or employ, or suggest, or
advise the use or employment of any instrument or
other means or force whatever, with intent thereby to
cause or procure the miscarriage or abortionor prema.
ture labor of any such woman, shall upon conviction
thereof be punished by imprisonment in the state
prison for a term not more than two years nor less than
one year,orby fine not more than five thousand dollars
nor less than five hundred dollars, or by such fine and
imprisonment both, at the discretion of the court.”
30. Arkansas (1875):
That it shall be unlawful for any one to administer or
prescribe any medicine or drugs fo any woman with
child, with intent to produce an abortion, or premature
delivery of any foetus before the period of quickening,
or to produce or attempt to produce such abortion by
any other means; and any person offending against the
provision of this section, shall be fined in any sum not,
#7 Act of Mar 10, 1875, ch. 9, §§1.2 1873 Minn. Gen. Laws 117-119
(emphasis added).
8 DOBBS . JACKSON WOMEN'S HEALTH ORGANIZATION
Opinion ofthe Court
exceeding one thousand ($1000) dollars, and impris-
oned in the penitentiary not less than one (1) nor more
than ive (5) years; provided, that this section shall not
apply to any abortion produced by any regular practic-
ing physician, for the purpose of saving the mother's
lifes
31. Georgia (1876):
Sec. 2. That every person who shall administer to any
woman pregnant with a child, any medicine, drug, or
substance whatever, or shall use or employ any instru-
ment or other means, with intent thereby to destroy
such child, unless the same shall have been necessary
0 preserve the life of such mother, or shall have been
advised by two physicianstobe necessary for such pur-
pose, shall,incase the deathof such child or mother be
thereby produced, be declared guiltyofan assault with
intent to murder.
Sec. 3. That any person who shall wilfully administer
to any pregnant woman any medicine, drug or sub-
stance, or anything whatever, or shall employ any in-
strument or means whatever, with intent thereby to
procure the miscarriage or abortion of any such
woman, unless the same shall have been necessary to
preserve the lifeof such woman, or shall have been ad-
vised by two physicians to be necessary for that pur-
pose, shall, upon conviction, be punished as prescribed
in section 4310 of the Revised CodeofGeorgia.
82. North Carolina (1881):
Sec. 1. Thatevery person who shall wilfully administer
to any woman either pregnant or quick with child, or
ActofNov. 8, 1875, no. 4,§ 1, 1875 Ark. Act 56 (emphasis added).
ActofFeb. 5, 1876, ch. 130, 1876 Ga. Laws 113 (emphasis added).
Citeas:__U.S.__ 0.) 8
Opinionofthe Court
‘prescribefor any such woman, or advise or procure any
such woman to take any medicine, drug or substance
whatever, or shall use or employ any instrument or
other means with intent thereby to destroy said child,
unless the same shall have been necessary to preserve
the life of such mother, shall be guilty of a felony, and
shall be imprisoned in the state penitentiary for not
less than one year nor more than ten years, and be
fined at the discretionofthe court.
Sec. 2. That every person who shall administer to any
pregnant woman, or prescribe for any such woman, or
advise and procure such woman to take any medicine,
drug or any thing whatsoever, with intent thereby to
procure the miscarriage of any such woman, or to in-
jure or destroy such woman, or shall use any instru-
‘ment or application for anyof the above purposes, shall
be guilty ofamisdemeanor, and, on conviction, shall be
imprisoned in the jail or state penitentiary for not less
than one yearormore than five years, and fined at the
discretionofthecourt,©
33. Delaware (1883):
Every person who, with the intent to procure the mis-
carriageof anypregnant woman or women supposed by
such person to be pregnant, unless the same be neces-
sary to preserve her life, shall administer to her, ad-
vise, or prescribe for her, or cause to be taken by her
any poison, drug, medicine, or other noxious thing, or
shall use any instrument or other means whatsoever,
or shall aid, assist, or counsel any person so intending
to procure a miscarriage, whether said miscarriage be
accomplished or not, shall be guilty of a felony, and
upon convictionthereof shallbefined not less than one
hundred dollars nor more than five hundred dollars
N.C. Sess. Laws ch. 351, §§1.2 (1881) (emphasis added).
and be imprisoned for a term not exceeding five years
nor less than one year.
34. Tennessee (1883):
Sec. 1. That every person who shall administer (0 any
woman pregnant with child, whether such child be
quick or not, any medicine, drug or substance what-
ever, or shall use or employ any instrument, or other
means whatever with intent to destroy such child, and
shall thereby destroy such child before its birth, unless
the same shall have been done with a view to preserve,
the life of the mother, shall be punished by imprison
ment in the penitentiary not less than onc nor more
than five years.
Sec. 2. Every person who shall administer any sub-
stance with the intention to procure the miscarriage of
a woman then being with child, or shall use or employ
any instrument or other means with such intent, un-
less the same shall have been done with a view to pre-
serve the life of such mother, shall be punished by im-
prisonment in the penitentiary not less than one nor
‘more than three years.
35. South Carolina (1889):
Sec. 1. That any person who shall administer fo any
woman with child, or prescribefor any such woman, or
suggest to or advise or procure her to take, any medi-
cine, substance, drug or thing whatever, of who shall
use or employ, or advise the use or employment of, any
instrument or other means of force whatever, with in-
tent thereby to cause or procure the miscarriage or
abortion or premature labor of any such woman, unless
91 Del. Laws ch. 226, 52 (1889) (emphasis added).
8Act ofMar. 26, 1883, ch. 140, §§ 1-2, 1830 Tenn. Acts 188-189 (em.
phasis added).
Citons: __U.S.__ 20) 8
Opinion ofthe Court
the same shall have been necessary topreserve her life,
or the lifeof such child, shall, in case the deathofsuch
child orofsuch woman results inwholeor in part there-
from, be deemed guilty ofa felony, and, upon conviction
thereof, shall be punished by imprisonment in the Pen-
itentiary for a term not more than twentyyears nor less
than five years.
Sec. 2. That any person who shall administer fo any
woman with child, or prescribe or procure or provide
for any such woman, or advise or procure any such
woman to take, any medicine, drug, substance or thing
whatever, or shall use or employ or advise the use or
employment of, any instrument or other meansofforce
whatever, with intent thereby to cause or procure the
miscarriage or abortion or premature laborofany such
woman, shall, upon conviction thereof, be punished by
imprisonment in the Penitentiary for a term not more
than five years, or by fine not more than five thousand
dollars, or by such fine and imprisonment both, at the
discretionofthe Court; but no conviction shall be had
under the provisions of Section 1 or 2 of this Act upon
the uncorroborated evidenceof such woman1%.
36. Kentucky (1910):
Sec. 1. It shall be unlawful for any person to prescribe
or administer toany pregnant woman, or to any woman
whom he has reason to believe pregnant, at any time
during the period of gestation, any drug, medicine or
substance, whatsoever, with the intent thereby to pro-
cure the miscarriage of such woman, or with like in-
tent, to use any instrument or means whatsoever, un-
less such miscarriage is necessary to preserve her life;
and any person so offending, shall be punished by a fine
2 Act of Doc. 24, 1883, no. 254, 1883 S.C. Acts 547-548 (cmphasis
added).
Opinionof the Court
of not less than five hundred nor more than one thou-
sand dollars, and imprisoned in the State prison for not
less than one nor more than ten years.
Sec. 2. If by reason of any of the acts described in Sec-
tion 1 hereof, the miscarriage of such woman is pro-
cured, and she does miscarry, causing the death of the
unborn child, whether before or after quickening time,
the person so offending shall be guilty of a felony, and
confined in the penitentiary for not less than two, nor
more than twenty-one years.
Sec. 3. If, by reasonof the commissionofanyofthe acts
described in Section 1 hereof, the woman to whom such
drug or substance has been administered, or upon
whom such instrument has been used, shall die, the
person offending shall be punished as now prescribed
by law, for the offense of murder or manslaughter, as
the facts may justify.
Sec. 4. The consent of the woman to the performance of
the operation or administering of the medicines or sub-
stances, referred to, shall be no defense, and she shall
be a competent witness in any prosecution under this
act, and for that purpose she shall not be considered an
accomplice. 1%
37. Mississippi (1952):
1. Whoever, by means of any instrument, medicine,
drug, or other means whatever shall willfully and
knowingly cause any woman pregnant with child to
abort or miscarry, or attempts to procure or produce an
abortion or miscarriage, unless the same were done as
necessary for the preservationofthe mother's Ife, shall
be imprisoned in the state penitentiary noless than one
(1) year, nor more than ten (10) years; orifthe death of
14 Ky. Acta ch. 58, § 1.4 (1910) (emphasis added)
Citeas: __U.S__@0_) a
Opinion ofthe Court
the mother results therefrom, the person procuring,
causing, or attempting to procure or cause the abortion
or miscarriage shall be guilty of murder.
2. No act prohibited in section 1 hereof shall be consid-
ered as necossary for the preservation of the mother's
life unless upon the prior advice, in writing, of two rep-
utable licenses physicians.
3. The license of any physician or nurse shall be auto-
‘matically revoked upon conviction under the provisions
of this act.
14 Mis. Laws, 1952, ch. 260, 661 (codiiod at Miss. Codo Ann. §2223
(1956) (emphasis addsd).
92 DOBBS u. JACKSON WOMENS HEALTH ORGANIZATION
Opinionofthe Court
APPENDIX B
‘This appendix contains statutes criminalizing abortion at
all stages in each of the territories that became States and
in the Districtof Columbia. The statutes appear in chron-
ological orderof enactment.
1. Hawaii (1850):
Sec. 1. Whoever maliciously, without lawful justifica-
tion, administers, or causes or procures to be adminis-
tered any poison or noxious thing o a woman then with
child, in order to produce her miscarriage, or mali-
ciously uses any instrument or other means with like
intent, shall, if such woman be then quick with child,
be punished by fine not exceeding one thousand dollars
and imprisonment at hard labor not more than five
years. Andifshe be then not quick with child, shall be
punished by a fine not exceeding five hundred dollars,
and imprisonment at hard labor not more than two
years.
Sec. 2. Where meansof causing abortion are used for
the purpose ofsaving thelife oftho woman, tho surgeon
or other person using such means is lawfully justi-
fied.
2. Washington (1854):
woman pregnant with a quick child, any medicine,
drug, or substance whatever, or shall use or employ any
instrument, or other means, with intent thereby to de-
essary topreserve the life ofsuch mother, shall, in case
the death of such child or of such mother be thereby
0 Haw. Pen, Code §51-2 (1850) (emphasis added). Hawaii became a
State
in1959. Soe73 Stat. 74.75.
Citoas: __U.S._ (0) %
Opinionofthe Court
produced, on conviction thereof, be imprisoned in the
penitentiary not more than twenty years, nor less than
one year.
Sec. 38. Every person who shall administer to anypreg-
nant woman, or to any woman who he supposes to be
pregnant, any medicine, drug, or substance whatever,
or shall use or employ any instrument, or other means,
thereby to procure the miscarriage of such woman, un-
less the same is necessarytopreserve her life, shall on
conviction thereof, be imprisoned in the penitentiary
not more than five years, nor less than one year, or be
imprisoned in the county jail not more than twelve
‘months, nor less than one month, and be fined in any
sum not exceeding one thousanddollars.17
3. Colorado (1861):
[E]very person who shall administer substance or liq-
uid, or who shall useor cause to be used any instru-
‘ment, ofwhatsoever kind, with the intentiontoprocure
the miscarriage of any woman then being with child,
and shall thereofbe duly convicted, shall be imprisoned
for a term not exceeding three years, and fined in a sum
not exceeding one thousand dollars; andif any woman,
by reason of such treatment, shall die, the person or
persons administering, or causing to be administered,
such poison, substance or liquid, or usingor causing to
be used, any instrument, as aforesaid, shall be deemed
guilty of manslaughter, andifconvicted, be punished
‘accordingly. 08
7Wash. (Tore)Stat.ch. IL $537.8, at 81. (1854) (emphasis added)

‘Washington beca aStato
me in 1889. See 26 Stat. 1552-1553.
4 1861 Colo. (Terr) Lawsdiv.4, §42, at 206.297.Coloradobecame a
State in 1876. Seo 19 Stat. 665-666.
Opinion ofthe Court
4. Idaho (1864):
[E}very person who shall administerorcause to be ad-
ministered, or taken, any medicinal substance, or shall
use or cause to be used, any instruments whatever,
with the intention to procure the miscarriage of any
territorial prison for a term not less than two years, nor
more than five years. Provided, That no physician
shall be effected by the last clause of this section who
in the dischargeofhisprofessional duties, deems it nec-
essary to produce the miscarriage of any woman in or-
der to save her life.
5. Montana (1864):
[Elvery person who shall administer, or cause to be ad-
‘ministered, or taken, any medicinal substance, or shall
use, or cause to be used, any instruments whatever
with the intention to produce the miscarriage of any,
Territorial prison for a term not less thantwoyears nor
‘more than five years. Provided, That no physician shall
be affected by the last clause of this section, who in the
discharge of his professional duties deems it necessary
save her life. Provided, That no physician shall be ef-
fected by the last clause of this section who in the dis-
chargeofhis professional duties, deems it necessary to
‘produce the miscarriage of any woman in order to save
her life.10
14 1863-1864 Idaho (Terr.
1890. Soo25 Stat. 215-219. Laws ch. IV, §42. Tdabo bocame «Statein
6 1864 Mont. (Terr) Laws, Crim. Practice Act ch. IV, §41, at 184.
Montana became a Stato in 1859. Seo 26 Stat. 15511552.
Citoas: __U.S.__(20) %
Opinionofthe Court
6. Arizona (1865):
[E}very person who shall administer or cause to be ad-
ministered or taken, any medicinal substances, or shall
useorcause to be used any instruments whatever, with
the intentiontoproduce the miscarriageof any woman
then being with child, and shall be thereof duly con-
victed, shall be punished by imprisonment in the Ter-
ritorial prison for a term not less than two years nor
more than five years: Provided, that no physician shall
be affected by the last clauseofthis section, who in the
dischargeofhis professional duties, deems it necessary
save hor life.
7. Wyoming (1869):
[Alny person who shall administer, or cause to be ad-
ministered, or taken, any such poison, substance or liq-
uid, or who shall use, or cause to be used, any instru-
mentof whatsoever kind, with the intention to procure
the miscarriage of any woman then being with child,
and shallthereofbe duly convicted, shall be imprisoned
for a term not exceeding three years, in the peniten-
tiary, and fined in a sum not exceeding one thousand
dollars; andif any woman by reasonof such treatment
shall dic, the person, or persons, administering, or
causing to be administered such poison, substance, or
liquid, or using or causing to be used, any instrument,
as aforesaid, shall be deemed guilty of manslaughter,
andifconvicted, be punished by imprisonment for a
term not less than three years in the penitentiary, and
fined in a sum not exceeding one thousand dollars, un-
less it appear that such miscarriage was procured or
1:Arizona.Howl (Terr) Code, ch. 10, §45 (1865). Arizona became a
Statein 1912. Seo 37 Stat 1726-1729.
Opinionofthe Court
attempted by, or under adviceof a physician or sur.
geon, with intent to save the life of such woman, or to
‘prevent serious and permanent bodily injury to her. 12
8. Utah (1876):
Every person who provides, supplies, or administers to
any pregnant woman, or procures any such woma n
take any medicine, drug, or substance, or uses or em-to
ploys any instrument or other means whate
intent thereby to procure the miscarriagever, with
of such
woman, unless the same is necessary to preserve her
fe, is punishable by imprisonment in the penitentiary
not less than two nor more than ten years. 11s
9. North Dakota (1877):
Every person who administers to any pregnant woman,
or who prescribes for any such woman, or advise s or
procures any such woman to take any medicine, drug
or substance, or uses or employs any instrument, or
other means whatever with intont thereby to procure
the miscarriageofsuch woman, unless the same is nec-
essary to preserve her life, is punishable by imprison-
ment in the territorial prison not exceeding three
‘years, or in a county jail not exceeding one year.!1t
10. South Dakota (1877):Sameas North Dakota.
1859 Wyo, (ore)

ming becamae State in Lavech . 5,625, a¢ 104 emphasis add) Ws.
1889. See 26 Stat. 222.226 ,
15 Utah Comp. Laws tit. IX, ch. II, §142 (1876)
Utah became aStato in 1896. See 30 Stat. 876.877. (emphasis added).
14Dak. Pen.Code§337, at458.45 (1877)0 (codifieatN.D. Rev. Code
STITT, at 1271 (1895), and S.D. Ann. Stat. §7797 (1899).d North and.
‘South Dakota becameStatesin 1889. Seo26Stat. 1348-1551.
Citeas: __U.S.__@0_) or
11. Oklahoma (1890):
Every person who administers to anypregnant woman,
or who prescribes for any such woman, or advises or
procures any such woman to take any medicine, drug
or substance, or uses or employs any instr , or
other means whatever, with intent thereby toument
the miscarriage ofsuch woman, unless the sameprocu re
is nec-
essary to preserve her life, is punishable by impri son-
ment in the Territorial prison not exceeding three
‘years, or in a county jail not exceeding one year. 15
12. Alaska (1899):
Thatifany person shall administer to anywomanpreg-
nant with a child any medicine, drug, or substance
‘whatever, or shall use any instrument or other means,
with intent thereby to destroy such child, unles the
same shall be necessary to proserve the life of ssuch
mother, such person shall, in case the deathof such
child or mother be thereby produced, be deemed guilty
of manslaughter, and shall be punished accordingly. 1¢
13. NewMexico (1919):
Sec. 1. Any person who shall administer to any preg-
nant woman any medicine, drug or substance what-
ever, or attempt by operation or any other method or
‘means to produce an abortion or miscarriage upon such
‘woman, shall be guilty of a felony, and, upon conviction
thereof, shall be fined not more than two thousand
(82,000.00) Dollars, nor less than five hundred
(8500.00) Dollars, or imprisoned in the penit entiary for
a period of not less than one nor more than five years ,
1 1890 Okla. Stat. §2187 (cmphasis added). Oklahoma became a
Statein 1907.Soe35 Stat. 2160-2161
2161599 Alaska Sess.Lavech. 1, §8 (cmphasis addod). Alaska became
a State in 1959. Seo 73 Stat. c16.
Opinion ofthe Court
or byboth such fine and imprisonment in the discretion
ofthe court trying the case.
Sec. 2. Any person committing such act or acts men-
tioned in section one hereof which shall culminate in
the death of the woman shall be deemed guilty of mur-
der in the second degree; Provided, however, an abor-
tion may be produced when two physicians licensed to
practice in the State of New Mexico, in consultation,
deem it necessary to preserve the life of the woman, or
to prevent serious and permanent bodily injury.
Sec. 3. For the purposeof the act, the term “pregnancy”
is defined as that conditionof a woman from the date of
conception to the birthofher child."
District of Columbia (1901):

Whoever, with intent to procure the miscarriageofany
woman, prescribes or administers to her any medicine,
drug, or substance whatever, or with like intent uses
any instrument or means, unless when necessary to
preserve her life or health and under the direction ofa
competent licensed practitioner of medicine, shall be
imprisoned for not more than five years; or if the
woman or her child dies in consequenceofsuch act, by
imprisonment for not less than three nor more than
twenty years.®
4 AckofFeb 21, 1919,Lawsof N. M. ch. 4, 651-3 (emphasis added).

New Mexico had beco aState
mo iu 1912. Soo 37Sat. 1723-1721.
1931 Stat. 1322. $609 (1901) (aphasia added).

U.S. Supreme Court Draft Opinion Overturning Roe v. Wade

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oo.

«Soo R. Ginsburg, Spoaking in a Judicial Voice, 67 N.Y. U. L. Rev.

15 Wo discusthisstandard in PartVof this opinion.

Sewalso, eg,Duncanv.Louisiana,391 US. 145,148(1965) asking.

We begin with the common law, under which abortion

#4 The oxact moaningof ‘quickoning” ia subjoct0 some debate. Com.

For manuals restating one or both

§18022)(1)(D). The ACA also prohibits annual limits, see 42 US.C.

The weaknesses in Roe's reasoning are well-known.

Not only did this scheme resemble the work of a legisla:

©See, eg, C. Patterson, “Not Worth the Rearing’: The Causesof In

973, 985-990 (CAT 2019), certiorari granted, judgment vacated. 591

Soo DopitofCommerce, U.S. Consus Buroau, An Asalysie ofthe

Dep'tofCommerc, U.S. Consus Bureau, Voting and Registration

© Actof July 4,1925, ch.1,§12,1Mo. Laws 281, 283 1825 scoalso

Me. Rov. Stat.ch. 160, §§ 19-14 (1340) (emphasis added)

=Ac ofMar. 31, 1860,

% ActofAug. 6, 1668,ch. 1657, no. 1,ch. 3,§ 11, ch.

7Wash. (Tore)Stat.ch. IL $537.8, at 81. (1854) (emphasis added)

1859 Wyo, (ore)

District of Columbia (1901):

4 AckofFeb 21, 1919,Lawsof N. M. ch. 4, 651-3 (emphasis added).

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