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US Roe v. Wade Fast Facts

04:50  27 april  2021
04:50  27 april  2021 Source:   cnn.com

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Here's a look at the US Supreme Court case Roe v. Wade.

a can of soda: WASHINGTON, DC - Pro-choice activists hold signs as marchers of the annual March for Life arrive in front of the US Supreme Court January 22, 2014. Pro-life activists from all around the country gathered in Washington for the event to protest the Roe v. Wade Supreme Court decision in 1973 that helped to legalize abortion in the United States. (Photo by Alex Wong/Getty Images) © Alex Wong/Getty Images/FILE WASHINGTON, DC - Pro-choice activists hold signs as marchers of the annual March for Life arrive in front of the US Supreme Court January 22, 2014. Pro-life activists from all around the country gathered in Washington for the event to protest the Roe v. Wade Supreme Court decision in 1973 that helped to legalize abortion in the United States. (Photo by Alex Wong/Getty Images)

Case

1971 - The case is filed by Norma McCorvey, known in court documents as Jane Roe, against Henry Wade, the district attorney of Dallas County, who enforced a Texas law that prohibited abortion, except to save a woman's life.

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Decision

January 22, 1973 - The US Supreme Court, in a 7-2 decision, affirms the legality of a woman's right to have an abortion under the Fourteenth amendment to the Constitution. 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 the right to an abortion during the entirety of the pregnancy and defined different levels of state interest for regulating abortion in the second and third trimesters.

The ruling affected laws in 46 states.

Full-text opinions by the Justices can be viewed here.

Legal Timeline

1971 - The case is filed by Norma McCorvey, known in court documents as Jane Roe, against Henry Wade, the district attorney of Dallas County, who enforced a Texas law that prohibited abortion, except to save a woman's life.

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1971 - The Supreme Court agrees to hear the case filed by Roe against Wade, who was enforcing the Texas abortion law that had been declared unconstitutional in an earlier federal district court case. Wade was ignoring the legal ruling and both sides appealed.


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December 13, 1971 - The case is argued before the US Supreme Court.

October 11, 1972 - The case is reargued before the US Supreme Court.

January 22, 1973 - The US Supreme Court, in a 7-2 decision, affirms the legality of a woman's right to have an abortion under the Fourteenth amendment to the Constitution.

June 17, 2003 - McCorvey (Roe) files a motion with the US District Court in Dallas to have the case overturned and asks the court to consider new evidence that abortion hurts women. Included are 1,000 affidavits from women who say they regret their abortions.

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September 14, 2004 - A three-judge panel of the 5th US Circuit Court of Appeals in New Orleans dismisses McCorvey's motion to have the case overturned, according to the Court's clerk.

The Players

McCorvey - Texas resident who sought to obtain an abortion. Texas law prohibited abortions except to save the pregnant mother's life. McCorvey was pregnant when she became the lead plaintiff in the case. She gave up the baby for adoption.

McCorvey has since come forward and changed sides on the abortion debate. In 1997, McCorvey started Roe No More, a pro-life outreach organization that was dissolved in 2008. McCorvey died on February 18, 2017.

Wade - district attorney of Dallas County from 1951 to 1987. McCorvey sued him because he enforced a law that prohibited abortion, except to save a woman's life. He died on March 1, 2001.

Sarah Weddington - Lawyer for McCorvey.

Linda Coffee - Lawyer for McCorvey.

Jay Floyd - Argued the case for Texas the first time.

Robert C. Flowers - Reargued the case for Texas.

Supreme Court Justice Opinions

Majority: Harry A. Blackmun (for The Court), William J. Brennan, Lewis F. Powell Jr., Thurgood Marshall

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Concurring: Warren Burger, William Orville Douglas, Potter Stewart

Dissenting: William H. Rehnquist, Byron White

a close up of a person holding a sign: Norma McCorvey (L) formally known as 'Jane Roe,' as she holds a pro-choice sign with former attorney Gloria Allred (R) in front of the US Supreme Court building in Washington, DC, just before attorneys began arguing the 1973 landmark abortion decision which legalized abortion in the US. © GREG GIBSON/AFP/Getty Images Norma McCorvey (L) formally known as 'Jane Roe,' as she holds a pro-choice sign with former attorney Gloria Allred (R) in front of the US Supreme Court building in Washington, DC, just before attorneys began arguing the 1973 landmark abortion decision which legalized abortion in the US.

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