The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, December 13, 1971
Reargument: Wednesday, October 11, 1972
Decision: Monday, January 22, 1973
Issues: Privacy, Abortion, Including Contraceptives
Categories: abortion, criminal, justiciability, privacy, states

Advocates

Jay Floyd (Argued the cause for the appellee)
Robert C. Flowers (Argued the cause for the appellee)
Sarah Weddington (Argued the cause for the appellants)

Facts of the Case

Roe, a Texas resident, sought to terminate her pregnancy by abortion. Texas law prohibited abortions except to save the pregnant woman's life. After granting certiorari, 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.

Question

Does the Constitution embrace a woman's right to terminate her pregnancy by abortion?

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 total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 7 votes for Roe, 2 vote(s) against
Legal Provision: Due Process
Wrote a regular concurrence
Burger
Wrote a regular concurrence
Douglas
Voted with the majority
Brennan
Wrote a regular concurrence
Stewart
Wrote a dissent
White
Voted with the majority
Marshall
Wrote the majority opinion
Blackmun
Voted with the majority
Powell
Wrote a dissent, joined White's dissent
Rehnquist
Full Opinion by Justice Harry A. Blackmun

Cite this page

The Oyez Project, Roe v. Wade, 410 U.S. 113 (1973),
available at: <http://www.oyez.org/cases/1970-1979/1971/1971_70_18/>
(last visited ).