§ 1 Reasoning
Chief Justice Rehnquist's plurality opinion effectively invited reconsideration of Roe's trimester framework, criticizing it as unworkable. Only Justice O'Connor's concurrence prevented outright overruling; her application of the 'unduly burdensome' standard foreshadowed Casey.
§ 2 Opinions
Majority
White, Kennedy, JJ. (plurality); with O'Connor and Scalia concurring in judgment on various issues
The Missouri law is largely constitutional. The preamble poses no constitutional problem as it does not by itself regulate abortion. The prohibition on use of public facilities and employees is constitutional. The viability testing requirement is upheld, though the Court fractured on whether Roe's trimester framework survives.
Concurrence
Not joined by any other justice
Concurred in judgment but declined to reconsider Roe, applying her 'undue burden' framework.
Concurrence
Not joined by any other justice
Would have overruled Roe outright. Sharply criticized O'Connor for avoiding the question.
Dissent
Brennan, Marshall, JJ.
Warned that Roe's future was in doubt. 'For today, the women of this Nation still retain the liberty to control their destinies. But the signs are evident and very ominous, and a chill wind blows.'
Dissent
Not joined by any other justice
Argued the preamble was unconstitutional and other provisions inconsistent with Roe.
§ 3 Key quotes
“For today, the women of this Nation still retain the liberty to control their destinies. But the signs are evident and very ominous, and a chill wind blows.”
“The rules of Roe were quite good enough for the last 15 years, but they suddenly are not good enough now.”
§ 4 Practical effect
Signaled that Roe was vulnerable. Motivated massive mobilization on both sides. Missouri restrictions took effect. Prompted successful litigation strategies in later cases (Casey, 1992).
§ 5 Perspectives
The summaries below are descriptive, not evaluative — an attempt to represent fairly how each camp typically frames this case.
Abolitionist framing
Abolitionists cite Webster's preamble language — 'the life of each human being begins at conception' — as important precedent, though Webster did not actually apply the preamble to prohibit abortion.
Mainstream pro-life framing
Missouri's success in defending state restrictions was widely celebrated.
Pro-choice framing
Sounded alarm bells about Roe's future; drove significant political mobilization.
§ 6 Significance
5/ 10
Signaled Roe's growing vulnerability; established that states could withhold public support for abortion; superseded by Casey and Dobbs.
§ 7 Sources
Primary sources
Secondary sources
- None recorded.