Roe v. Wade Supreme Court Decision

Roe v. Wade is the historic Supreme Court decision overturning a Texas interpretation of abortion law and making abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, could choose abortion in earlier months of pregnancy without restriction, and with restrictions in later months, based on the right to privacy.

Date of the Roe v. Wade decision: January 22, 1973.

Effect of the Roe v. Wade decision: All state laws limiting women's access to abortions during the first trimester of pregnancy were invalidated by Roe v. Wade. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the United States, which was not legal at all in many states and was limited by law in others.

Basis of the Roe v. Wade decision: Roe v. Wade was decided primarily on the Ninth Amendment to the United States Constitution, a part of the Bill of Rights. The Court's decision in this case was that the Ninth Amendment, in stating that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," protected a person's right to privacy.

Who Roe and Wade were: The alias "Jane Roe" was used for Norma McCorvey, on whose behalf the suit was originally filed, alleging that the abortion law in Texas violated her constitutional rights and the rights of other women.. The defendant was the district attorney of Dallas County, Texas, Henry B. Wade.

Who argued the case: Sarah Weddington and Linda Coffee were the plaintiff's lawyers. John Tolle, Jay Floyd and Robert Flowers were the defendant's lawyers.

Who voted for and against the Roe v. Wade decision: The majority: Harry Blackmun, William J. Brennan, Chief Justice Warren Burger, William O. Douglas, Thurgood Marshall, Lewis Powell and Potter Stewart. The dissent: William Rehnquist and Byron White. The majority opinion was written by Harry Blackmun. Concurring opinions were written by Potter Stewart, Warren Burger, and William O. Douglas. Dissenting opinions were written by William Rehnquist and Byron White.

Where to read the whole Roe v. Wade decision: On this site: Roe v Wade Supreme Court Decision 1973