Brianna DunnMr. Noel
Political ScienceNovember 27, 2013
Roe v. Wade 410 U.S. 113 (1973)
Jane Roe (Norma McCorvey)Plaintiff
Dr. James Halford Plaintiff-Intervener
Sarah Weddington and Linda CoffeeRoe’s Attorneys
Henry Wade (Dallas County District Attorney)Defendant
People Involved
Two previous children21 and pregnant againLied to get abortionSigned affidavit with Dr. Halford and two
lawyersAffidavit confirmed anonymityJane Roe origination
Who is Norma McCorvey?
Roe’s Argument Bill of Rights say, “A woman
has the right to terminate her pregnancy. It is improper of the State to deny individuals the personal… and sexual right to privacy.’’
Fetus was never considered a person in courts.
Stop Wade from enforcing Texas statutes
Used Texas statutes on abortion
A fetus is a person from the time of conception
Statutes need to be enforced
Both SidesWade’s Argument
1970: Weddington and Coffee challenge Texas statutes
December 13, 1971: United States District Court for the Northern District of Texas
Ruling: Favored Roe’s legal merits of the case,
however did not grant injunction.Issued Texas laws barring abortion as void.
Cross-appealed
District Courts
Admitted to two previous arrestsWanted injunctive reliefGranted declaratory reliefDismissed intervention
Dr. Halford
Fifth Circuit CourtFinal decision based on laws, not facts, in
Roe’s favorDue Process Clause of the Fourteenth
Amendment“Right to privacy, including a woman’s right
to terminate a pregnancy, against state action.”
Court of Appeals
Decided to hear it since it dealt with the Constitution
Two justices were not present during the first arguments
Justice Harry Blackmun was ordered to write the Courts opinion
May of 1972: Blackmun ordered a rearguing
Supreme Court
October 11, 1972: case was rearguedFinal decision was 7-2Blackmun delivered the Court’s opinion that
favored RoeMajority: strike down Texas laws on privacy
grounds
Majority Vote
Dissenters consisted of Justices Byron White and William Rehnquist
Court considered mother and her rights without thoughts of potential life
No constitutional rightRoe twisted legitimacy of true meaning of
Fourteenth Amendment
Dissenting Opinion
The Court case took over 3 years to finish. Therefore, McCorvey’s child was born during the arguments.
She opened the idea to abortion more.
However, she is now pro-life
Political Impact Today
"Roe v. Wade (1973)." Infoplease. 2005. Accessed November 14, 2013. http://www.infoplease.com/us/supreme-court/cases/ar35.html.
"Roe v. Wade – Case Brief Summary." Lawnix Free Case Briefs RSS. Accessed November 14, 2013. http://www.lawnix.com/cases/roe-wade.html.
www.east-buc.k12.ia.uswww.bibleprophecyblog.com www.pbs.org www.endroe.org freestudents.blogspot.com
Works Cited