The U.S. Supreme Court case Webster v. Reproductive Health Services in 1988 was a significant decision regarding abortion rights. The court upheld the constitutionality of a Missouri statute that imposed broad restrictions on abortions, including prohibiting public facilities from being used for conducting abortions not necessary to save the life of the mother and requiring physicians to conduct viability tests before performing abortions after 20 weeks gestation period. While it did not overturn Roe v Wade, this ruling allowed states more power in regulating abortion within their borders and marked an important shift towards upholding state laws restricting access to abortion services.

In the dissenting opinion for Webster v. Reproductive Health Services, Justice Blackmun argued that the majority's decision to uphold Missouri's restrictive abortion laws was a significant departure from previous Supreme Court rulings on abortion rights, particularly Roe v. Wade. He contended that the court had effectively overruled Roe without explicitly saying so and criticized this indirect approach as an evasion of judicial responsibility. Furthermore, he expressed concern about the potential implications of allowing states to impose more restrictions on abortions, arguing it could lead to further erosion of women's reproductive rights and access to safe healthcare services. He also disagreed with the majority’s view that viability is a key point in considering state interest in fetal life; instead asserting that such determinations should be left up to medical professionals rather than legislators or judges.