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In 1965, the U.S. Supreme Court struck down a law that banned the distribution of birth control to married couples.

In 1970, Hawaii became the first state to legalize abortion, and later that year, New York legalized abortion as well.

In 1969, a Texas woman by the name of Norma McCorvey wanted to terminate an unwanted pregnancy. At the time, abortion was legal in Texas, but only if the purpose was to save a woman's life. After unsuccessfully attempting to get an illegal abortion, McCorvey met with attorneys Linda Coffee and Sarah Weddington who were interested in challenging anti-abortion laws. In court documents, Norma McCorvey became known as "Jane Roe."

In 1970, Coffee and Weddington filed a lawsuit on behalf of McCorvey and all women "who were or might become pregnant and want to consider options," against Henry Wade, the District Attorney of Dallas, Texas.

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aka Jane Roe

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The ruling of Roe v. Wade was a landmark decision and among the most debated to this day. The court ruled that the Constitution protects a pregnant woman's right to choose to have an abortion without excessive government restriction, and in many cases, making abortion legal across the United States. This case ruled against the District Attorney of Dallas, Henry Wade and declared that the Texas law that states abortion illegal unless it was necessary to save a woman's life is unconstitutional. This Supreme Court case is arguably the most disputed case today, with Americans split between Pro-Life and Pro-Choice. Roe v. Wade is as prevalent today as it was in 1973.

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Chief Justice: Warren E. Burger

Associate Justices:
William O. Douglas
William J. Brennan Jr.
Potter Stewart
Byron White
Thurgood Marshall ·
Harry Blackmun
Lewis F. Powell Jr.
William Rehnquist

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Dissenting opinion authored by Justice Byron White exclaimed that the court's decision was arbitrary at best and was "an exercise of raw judicial power."

Dissenting opinion by Justice William Rehnquist stated that he does not believe the right of privacy is involved and that the Fourteenth Amendment as well as its Due Process Clause is too vague to have influence on the decision.

Concurring opinion authored by Justice William O. Douglas recognized the vagueness and that the Ninth Amendment does not create enforceable laws.

Concurring opinion from Justice Potter Steward noted decisions from Griswold v. Connecticut and Ferguson v. Skrupa. Stated that the Due Process Clause protects the freedom of personal choice in matters of marriage and family life.

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Petitioner's Argument
Norma McCorvey argued that:
The Texas law infringes upon a woman's right to privacy recognized in Griswold v. Connecticut.

The right to an abortion should be recognized as a fundamental right.

The Texas Law violates the fundamental right of doctors to give medical care.

Respondent's Counter-Argument
Wade argued that:
There is no right to an abortion stated in the Constitution.

Griswold v. Connecticut protected marital privacy, not the right to choose an abortion.

A fetus is a "person," and by permitting abortions, that would derpive a person of life.

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Does the Texas law that makes it a crime to perform an abortion unless it is "necessary," to save the life of the mother violate the Constitutional?

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The Supreme Court ruled in 7-2 decision, striking down the Texas state law banning abortion and effectively legalizing abortion across the United States.

The majority opinion was written by Justice Harry Blackmun and cited that a woman's right to an abortion was an implicit in the right to privacy protected by the Fourteenth Amendment.

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The Supreme Court ruled that the U.S. Constitution protects a pregnant woman's liberty to choose to have an abortion without excessive government restriction.

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In 1970, a three-judge panel of Texas judges ruled that the state of Texas' ban was illegal due to the fact that it violated a constitutional right to privacy. Later, Wade announced that he would continue to prosecute doctors who performed abortions.

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This court case is an example of judicial activism because it ruled that the Texas law that made abortion illegal unless absolutely necessary was unconstitutional, and effectively, legalizing it across the United States.

The justices found that the right to privacy stated in the Fourteenth Amendment included a woman's right to an abortion. Although there is nothing in the Constitution about abortions, they were able to interpret in such a way to consider the broader implications that the ruling had.