Case Briefs- Roe v. Wade

Holding

(7-2) Yes, the Texas statute violates the constitution which encompasses the right to an abortion.

Facts

-In 1969 Norma McCorvey was denied an abortion in Texas due to a statute claiming that abortions were only legally permitted "for the purpose of saving the life of the mother." -In 1970, McCorvey sued (under the alias Jane Roe) the state of Texas, claiming the statute was unconstitutional. -The District Court held that the statute was unconstitutional, a ruling that the state of Texas would appeal to the Supreme Court

Majority Rule

-Justice Blackmun -A woman has the right to obtain an abortion through the privacy rights found in Amendments 1, 4, 5, 9, and 14 because "activities relating to marriage, procreation, family relationships, and child rearing and education" are "fundamental" and "implicit in the concept of ordered liberty." -Additionally, a woman could potentially face severe psychological and physical damage if banned from obtaining an abortion. -Three part trimester rule established: a. First trimester of pregnancy: abortion regulations are not permitted b. Second trimester: state interests appear in health of women, moderate regulation accepted c. Third trimester: state interest in fetal activity, abortions can be banned

White Dissent

-The trimester rules laid out are a "raw exercise of judicial power" that goes beyond the scope of the court's purview. -Abortion regulation or lack thereof should be left to the political processes of individual states

Stewart Concurrence

-Women are granted right to an abortion through right to privacy found only in the 14th Amendment. -Right to privacy doesn't come from multiple Amendments in Bill of Rights.

Issue

Does the Texas statute breach a constitutional right to privacy, and therefore an abortion?

Douglas Concurrence

The right to an abortion comes from a wide range of rights to privacy in the Constitution.

Rehnquist Dissent

The trimester rules laid out is an example of "judicial legislation" and the 14th Amendment drafters didn't intend for the Amendment to limit the states' right to regulate abortions.

Burger Concurrence

There is a constitutional right to an abortion, but ruling should allow for more medical security, ie-approval from physicians.