A Chronology of the Supreme Court’s Major Abortion Decisions

Jan. 22, 1973--In Roe vs. Wade, the court for the first time legalized abortion nationwide. The opinion, written by Justice Harry A. Blackmun, was based on a 7-2 ruling on a woman’s constitutional right to privacy.

A woman’s decision to have an abortion during the first three months of pregnancy must be left to her and her doctor.

States may interfere in the abortion decision during the second trimester only to protect the woman’s health, and may take steps only to protect fetal life in the third trimester.

State authority to regulate abortions after the first trimester was not made absolute, however.

Jan. 22, 1973--In Roe vs. Bolton the court that same day struck down, by a 7-2 vote, restrictions on facilities that could be used to perform abortions.

The decision gave rise to a new kind of medical facility, the abortion clinic.

July 1, 1976--In Planned Parenthood vs. Danforth, the court, by a 6-3 vote, limited rights of husbands and by a 5-4 vote limited rights of parents of pregnant minors

States cannot give husbands veto power over their pregnant wives’ decision to abort their pregnancies.

Neither can parents of minor, unwed girls be given an absolute veto.

June 20, 1977--In Maher vs. Roe, the court voting 6-3, ruled that states have no legal obligation to pay for “non-therapeutic” abortions.

Jan. 9, 1979--In Colautti vs. Franklin, reached by a 6-3 vote, the court reaffirmed its intention to give doctors broad discretion in determining the timing of “fetal viability” -- when a fetus can live outside the mother’s womb.

States may seek to protect a fetus that has reached viability but that determination is up to doctors, not courts or legislatures.

July 2, 1979--In Bellotti vs. Baird, the court by an 8-1 vote elaborated on its parental consent decision of 1976.

It implied that states may be able to require a pregnant, unmarried minor to obtain parental consent to an abortion so long as the state law provides an alternative procedure to parental approval, such as letting the minor seek a state judge’s approval instead.

June 30, 1980--In Harris vs. McRae, the so-called Hyde Amendment was upheld by a 5-4 vote.

The ruling held that the federal government and individual states are under no legal obligation to pay for even medically necessary abortions sought by women on welfare.

March 23, 1981--In H.L. vs. Matheson, the court ruled by a 6-3 vote that states may require doctors consulted by some young girls--those still dependent on their parents and too “immature” to decide for themselves--to try to inform parents before performing an abortion.

June 15, 1983--In three decisions called City of Akron vs. Akron Center for Reproductive Health, Planned Parenthood of Kansas City vs. Ashcroft and Simopolous vs. Virginia, the court, 6-3, ruled states and local communities may not require all abortions for women more than three months pregnant to be performed in a hospital.

The court also struck down regulations that imposed a 24-hour waiting period between the signing of an abortion consent form and the medical procedure and required doctors to tell women seeking an abortion that a fetus is a “human life.”

June 11, 1986--In Thornburgh vs. American College of Obstetricians and Gynecologists, the court, by 5-4, struck down Pennsylvania abortion rules similar to those rejected in 1983.

It also struck down requirements that doctors performing third-trimester abortions, which are rare, use procedures least risky to a fetus capable of surviving outside the womb, and that two doctors attend abortions performed in the third trimester.

Invalidated a regulation requiring doctors to make a record, which could become available to the public, of every abortion they perform.

Ruled states may not require doctors to inform women seeking abortions about potential risks and about available medical assistance benefits for prenatal care and childbirth.

Dec. 14, 1987--In Hartigan vs. Zbaraz, the court split 4-4. The effect was to invalidate an Illinois law that could have made abortions more difficult to obtain for some teen-agers.

1988 Right to Life advocates parade outside Supreme Court, at left.

June 11, 1986--In Thornburgh vs. American College of Obstetricians and Gynecologists, the court voted 5-4 to strike down Pennsylvania abortion regulations somewhat similar to those it invalidated in 1983.

The court also struck down requirements that doctors performing third-trimester abortions, which are rare, use procedures least risky to a fetus capable of surviving outside the womb, and that two doctors always be present for abortions performed in the third trimester.

Invalidated a regulation requiring doctors to make a record, which could become available to the public, of every abortion they perform.

Ruled states may not require doctors to inform women seeking abortions about potential risks and about available medical assistance benefits for prenatal care and childbirth.

Dec. 14, 1987--In Hartigan vs. Zbaraz, the court split 4-4. The effect was to invalidate an Illinois law that could have made abortions more difficult to obtain for some teen-agers.

July 3, 1989: The court upholds a Missouri law requiring doctors to determine, when possible, whether a fetus at least 20 weeks old is “viable,” or capable of surviving outside the womb. Missouri law bans abortions of viable fetuses.

The court also says Missouri may ban public health care providers from assisting abortions not necessary to save women’s lives, and it may ban public hospitals and other taxpayer-supported facilities from providing abortions not necessary to save women’s lives.

Finally, the court upholds Missouri’s right to ban the use of tax money for “encouraging or counseling” women to have abortions not necessary to save their lives.

SCORECARD: HOW THE JUSTICES VOTED

On the narrow issues posed by Webster vs. Reproductive Health Services, the court split 5 to 4 in upholding most controversial provisions of a Missouri law regulating abortion. More generally, most of the justices addressed whether they would overturn or modify Roe vs. Wade, the 1973 decision that legalized abortion.

Here is how the court divided:

Should the Missouri Should Roe vs. Wade abortion restrictions be overturned or Justices be upheld? narrowed? Scalia Yes Overturned Rehnquist Yes Narrowed, but previously had said overturned White Yes Narrowed, but previously had said overturned Kennedy Yes Narrowed O’Connor Yes No comment Blackmun No No Brennan No No Marshall No No Stevens No No