Roe v. Wade
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| Roe v. Wade | |
| Court | U.S. Supreme Court |
|---|---|
| Citation | 410 U.S. 113 (1973) |
| Date decided | January 22, 1973 |
| Appealed from | U.S.D.C., Northern District of Texas |
| Overturned by | |
| Dobbs v. Jackson Women’s Health Organization | |
| Partially Overturned by | |
| Planned Parenthood v. Casey | |
| Case Opinions | |
| majority | written by Harry Blackmun joined by Warren E. Burger, William O. Douglas, William J. Brennan, Jr., Potter Stewart, Thurgood Marshall, Lewis F. Powell, Jr. |
| concurrence | written by Warren E. Burger |
| concurrence | written by William O. Douglas |
| concurrence | written by Potter Stewart |
| dissent | written by Byron R. White joined by William H. Rehnquist |
| dissent | written by William H. Rehnquist |
Facts
A Texas law made abortion illegal except by a doctor’s orders to save the woman’s life. Roe (fictitious name) lived in Dallas County, Texas.
Procedural History
Roe filed a lawsuit against Henry Wade, the district attorney of Dallas County, Texas.
Issues
- Whether the Constitution recognize a woman's right to terminate her pregnancy by abortion.
- Whether mootness applies to situations which are inherently short enough that they will not reach the court by the time they have been resolved.
Holding
- Due Process Clause of the Fourteenth Amendment enshrines the right to privacy, which protects a woman's choice re: abortion. Texas criminal abortion statutes are unconstitutional.
- Not a moot question; it is a repeatable circumstance.
Rule
Pregnancy provides a classic justification for a conclusion of nonmootness, because it is truly capable of repetition, yet evading review.
Comments
When Roe filed the suit, she was in her first trimester of pregnancy and seeking an abortion. When the case finally made it to the Supreme Court, she was no longer pregnant.
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