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Summary. At a time when Texas law restricted abortions except to save the life of the mother, Jane Roe (a single, pregnant woman) sued Henry Wade, the local district attorney tasked with enforcing the abortion statute. She argued that the Texas law was unconstitutional.
- Abortion Before Roe v. Wade
- Jane Roe
- Henry Wade
- Supreme Court Ruling
- Legacy of Roe v. Wade
- Roe v. Wade Overturned
- Sources
Until the late 19th century, abortion was legal in the United States before “quickening,” the point at which a woman could first feel movements of the fetus, typically around the fourth month of pregnancy. Some of the early regulations related to abortion were enacted in the 1820s and 1830s and dealt with the sale of dangerous drugs that women used...
In 1969, Norma McCorvey, a Texaswoman in her early 20s, sought to terminate an unwanted pregnancy. McCorvey, who had grown up in difficult, impoverished circumstances, previously had given birth twice and given up both children for adoption. At the time of McCorvey’s pregnancy in 1969 abortion was legal in Texas—but only for the purpose of saving a...
In 1970, the attorneys filed a lawsuit on behalf of McCorvey and all the other women “who were or might become pregnant and want to consider all options,” against Henry Wade, the district attorney of Dallas County, where McCorvey lived. Earlier, in 1964, Wade was in the national spotlight when he prosecuted Jack Ruby, who killed Lee Harvey Oswald, ...
In June 1970, a Texas district court ruled that the state’s abortion ban was illegal because it violated a constitutional right to privacy. Afterward, Wade declared he’d continue to prosecute doctors who performed abortions. The case eventually was appealed to the U.S. Supreme Court. Meanwhile, McCovey gave birth and put the child up for adoption. ...
Norma McCorvey maintained a low profile following the court’s decision, but in the 1980s she was active in the abortion rights movement. However, in the mid-1990s, after becoming friends with the head of an anti-abortion group and converting to Catholicism, she turned into a vocal opponent of the procedure. Since Roe v. Wade, many states imposed re...
In 2022, the nation's highest court deliberated on Dobbs v. Jackson Women’s Health Organization, which regarded the constitutionality of a Mississippi law banning most abortions after 15 weeks of pregnancy. Lower courts had ruled the law was unconstitutional under Roe v. Wade. Under Roe, states had been prohibited from banning abortions before arou...
Abortion in American History. The Atlantic. High Court Rules Abortion Legal in First 3 Months. The New York Times. Norma McCorvey. The Washington Post. Sarah Weddington. Time. When Abortion Was a Crime, Leslie J. Reagan. University of California Press.
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The majority opinion cited Roe v. Wade to assert that privacy itself was a fundamental right, while procreation implicitly counted as "among the rights of personal privacy protected under the Constitution." In his dissenting opinion, Justice Thurgood Marshall stated that Roe v. Wade "reaffirmed its initial decision in Buck v.
- Burger
- Blackmun, joined by Burger, Douglas, Brennan, Stewart, Marshall, Powell
- White, joined by Rehnquist
In 1970, Jane Roe (a fictional name used in court documents to protect the plaintiff’s identity) filed a lawsuit against Henry Wade, the district attorney of Dallas County, Texas, where she resided, challenging a Texas law making abortion illegal except by a doctor’s orders to save a woman’s life. In her lawsuit, Roe alleged that the ...
May 3, 2024 · William Hubbs Rehnquist is remembered as one of the most successful Chief Justices of the Supreme Court of the United States and is frequently mentioned in the same breath as his inspiration, Chief Justice John Marshall. Rehnquist was born in Milwaukee, Wisconsin on October 1, 1924. He grew up with parents of modest but comfortable means, both ...
Roe v. Wade MR. JUSTICE REHNQUIST, dissenting. The Court's opinion brings to the decision of this troubling question both extensive historical fact and a wealth of legal scholarship. While the opinion thus commands my respect, I find myself nonetheless in fundamental disagreement with those parts of it that invalidate the Texas statute in
While the Court's opinion quotes from the dissent of Mr. Justice Holmes in Lochner v. New York, 198 U. S. 45, 74 (1905), the result it reaches is more closely attuned to the majority opinion of Mr. Justice Peckham in that case.
