Learn about the unique constitutional rules surrounding abortion, the recognition of a woman’s right to choose in Roe v. Wade, the “undue burden” test articulated in Casey, and the continuing debate over the Constitution’s role vis-à-vis procreative autonomy.
There may be no more controversial topic in contemporary constitutional law than abortion and the extent to which the Constitution protects the right of a pregnant woman to terminate a pregnancy without governmental interference. Roe versus Wade recognized a woman’s right to choose as part of the Court’s broader substantive due process jurisprudence. [410 U.S. 113 (1973).] But the Court in subsequent years has adopted a unique framework for assessing the validity of state and federal laws...