Roe v. Wade (1973)

Abortion, Right to Privacy

Overview

“We … acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires.”

Justice Harry Blackmun, speaking for the majority

Please note that these materials are currently out of date as of June 24, 2022. We are in the process of updating them.

This case explores the legal concept of right to privacy.

Jane Roe was a pregnant Texas resident in 1970. Texas law made it a felony to abort a fetus unless “on medical advice for the purpose of saving the life of the mother.” Roe filed suit against Wade, the district attorney of Dallas County. She argued that the law was unconstitutional because it violated the guarantee of personal liberty and the right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and 14th Amendments. In deciding for Roe, the U.S. Supreme Court invalidated all state laws that prohibited first trimester abortions.

For Students

This section is for students. Use the links below to download classroom-ready .PDFs of case resources and activities.

About the Case

Full Case Summaries

A thorough summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and case impact.

Case Background and Vocabulary

Important background information and related vocabulary terms.

Visuals

Decision

Learning Activities

The Case

After the Case

For Teachers

This section is for teachers.

Use the links below to access:

student versions of the activities in .PDF and Word formats
how to differentiate and adapt the materials
how to scaffold the activities
how to extend the activities
technology suggestions
answers to select activities

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About the Case

Full Case Summaries: A summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and impact. Available at a high school and middle school levels.
Case Background: Background information at three reading levels.
Case Vocabulary: Important related vocabulary terms at two reading levels.
Diagram of how the case moved through the court system
Case summary graphic organizer
Decision: A summary of the decision and key excerpts from the opinion(s)

Learning Activities

The Case

After the Case

Teacher Resources

Teaching Strategies Used

Landmark Cases Glossary

The LandmarkCases.org glossary compiles all of the important vocab terms from case materials. It is provided as a view-only Google Sheet.

Glossary

Planning Time and Activities

If you have one day . . .

Read the background summary (•••, ••, •) and answer the questions.
Complete the Classifying Arguments Activity. Discuss which arguments the students find most convincing.
For homework, have students read the Key Excerpts from the Majority Opinion and Key Excerpts from the Dissenting Opinion and answer the questions. Follow-up the next day by reviewing the questions with students.

If you have two days . . .

Do all of the activities recommended for the first day (excluding homework).
Complete Is Privacy Protected in the Constitution?
Complete Precedent and Stare Decisis
For homework, have students read the Key Excerpts from the Majority Opinion and Key Excerpts from the Dissenting Opinion and answer the questions. Follow-up the next day by reviewing the questions with students.

If you have three days . . .

Do all of the activities recommended for the first and second day (including homework).
Complete The Casey Case: Roe Revisited?
Complete Applying Precedents Activity: Whole Woman’s Health v. Hellerstedt (2016).

If you have four days . . .

Complete the activities for the first, second, and third days.
Complete Impact Data Analysis Activity.
In advanced classes, complete the Practice Free Response Question (•••).

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