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   The Supreme Court Case

Roe v. Wade (1973)


Roe v. Wade - Overview (1973)

410 U.S. 113

Dates Argued:December 13, 1971, October 11, 1972
Opinion Date: January 22, 1973

Sarah Weddington argued the cause for Roe twice. Jay Floyd argued the cause for Texas in the first argument. Robert C. Flowers argued the cause for Texas in the second argument.

Roe, a Texas resident, sought to obtain an abortion. Texas law prohibited abortions except to save the pregnant mother's life.


The Constitutional Question

Does the Constitution embrace the right of a woman to obtain an abortion, nullifying the Texas prohibition?

[The Court heard arguments twice. The first time, Roe's attorney -- Sarah Weddington -- could not locate the constitutional hook of her argument for Justice Potter Stewart. Her opponent -- Jay Floyd -- misfired from the start. Weddington sharpened her constitutional argument in the second round. Her new opponent -- Robert Flowers -- came under strong questioning from Justices Potter Stewart and Thurgood Marshall.]

The Conclusion

The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman a right to abortion during the entireity of the pregnancy and defined different levels of state interest for regulating abortion in the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling.

The Vote

Majority: Blackmun(for the Court), Brennan, Powell, Marshall T.
Concurring: Burger, Douglas, Stewart
Dissenting: Rehnquist, White B.

Other Cases

  • Griswold v. Connecticut (1965)
    • Overview of the Case
    • Full text: Syllabus; Full Decision; Edited Decision
    • RealAudio of Court Arguments
      • March 29, 1965
      • March 30, 1965
  • Eisenstadt v. Baird (1972)
    • Overview of the Case
    • Full text of decision
    • RealAudio of Court Arguments
  • Webster v. Reproductive Health Services (July 3, 1989)
    • Overview of the Case
    • RealAudio of Court Arguments
  • Planned Parenthood v. Casey (June 29, 1992)
    • Overview of the Case
    • Syllabus -- Opinion; Other ; Other; Other; Other;
    • RealAudio of Court Arguments
  • All Supreme Court Decisions on Abortion since May, 1990 dealing with abortion from Cornell




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    "America needs no words from me to see how your decision in Roe v. Wade has deformed a great nation. The so-called right to abortion has pitted mothers against their children and women against men. It has portrayed the greatest of gifts--a child--as a competitor, an intrusion, and an inconvenience. (Mother Theresa -- "Notable and Quotable," Wall Street Journal, 2/25/94, p. A14)



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