The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, October 13, 1976
Decision: Tuesday, February 22, 1977
Issues: Privacy, Miscellaneous
Categories: police power, privacy

Advocates

A. Seth Greenwald (Argued the cause for the appellant)
H. Miles Jaffe (Argued the cause for appellees Patient et al)
Michael Lesch (Argued the cause for appellees Roe et al)

Facts of the Case

In 1972, the state legislature enacted the New York State Controlled Substances Act. The Act required doctors to fill out forms for potentially harmful prescription drugs. The prescribing doctor kept one copy, while another copy was sent to the dispensing pharmacy and a third copy was sent to the state department of health. The forms included personal information such as the patient's name, address, and age.

Question

Did the reporting and record-keeping requirements violate the constitutional right to privacy embraced by the concept of liberty under the Fourteenth Amendment?

Conclusion

The Court held that the requirements of the Act did not on its face violate a "constitutionally protected 'zone of privacy.'" The Court found that the statutory scheme evidenced "a proper concern with, and protection of, the individual's interest in privacy" and that the "remote possibility" of potential abuses of data accumulation and disclosure were not sufficient to establish an invasion of any rights or liberties protected by the Fourteenth Amendment.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
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Decision: 9 votes for Whalen, 0 vote(s) against
Legal Provision: Due Process
Wrote a regular concurrence
Brennan
Voted with the majority
Marshall
Wrote the majority opinion
Stevens
Voted with the majority
White
Wrote a regular concurrence
Stewart
Voted with the majority
Blackmun
Voted with the majority
Powell
Voted with the majority
Burger
Voted with the majority
Rehnquist
Full Opinion by Justice John Paul Stevens

Cite this page

The Oyez Project, Whalen v. Roe, 429 U.S. 589 (1977),
available at: <http://www.oyez.org/cases/1970-1979/1976/1976_75_839/>
(last visited ).