Roe v. Wade, 410 U.S. 113 (1973).

Regarding Mootness:

  • Here, the Court found that Roe's case was not moot—even though she had already had her child—because pregnancy is something that can be repeated; however, when suits regarding legal injuries suffered in pregnancy reach the relevant court, the pregnancy is usually completed.

Regarding Fundamental Rights

  • The 14th Amendment's Substantive Due Process protection of the "right to privacy" is broad enough to include the decision to have an abortion.
  • Abortion was considered a fundamental right, meaning any restriction had to pass strict scrutiny.
  • Introduced a trimester-based framework:
    • 1st Trimester: the State could not regulate abortion at all; the choice was purely between a woman and her doctor.
    • 2nd Trimester: States could regulate abortion only to protect the mother's health.
    • 3rd Trimester: Once the baby reached viability, States could regulate or ban abortion, provided that they allowed exceptions for the mother's life/health.
      • Viability—the ability to survive outside of the womb.