John E. Schwenkler, J.D.

About the author: John E. Schwenkler, J.D., is an attorney in New York State. He is the author and editor of the Abortion Law Homepage.

In the landmark case of Roe v. Wade in 1973, the U.S. Supreme Court ruled that the Constitution's Fourteenth Amendment established a fundamental right for women to obtain abortions, thereby invalidating all state laws prohibiting abortion within the first six months of pregnancy. However, the Supreme Court cases of Webster in 1989 and Planned Parenthood v. Casey in 1992 expanded states' rights to regulate abortion. The U.S. Congress has the authority to pass laws providing some restrictions on abortion, but hardly ever uses this power. States, because they can provide rights that are not in the federal Constitution, can pass laws that...