Clayton Sommer
Background (a.)
Jane Roe (Norma McCorvey) filed a
lawsuit against Henry Wade.
 Jane Roe was a single pregnant woman
 Henry Wade was the D.A. of Dallas
 Argued: December 13, 1971
 Decided: January 22, 1973

Public Policy (b.)
The policy that was questioned was
Texas’s (and most of the USA’s)
antiabortion laws.
 Roe sued Wade, the D.A., for
prosecuting physicians that had
performed abortions.
 Abortion was a felony in 49 states.

Plaintiff’s Argument (c.)
Roe believed that the laws were
unconstitutional, for they regarded
private matters.
 “for women who were or might become
pregnant, and want to consider all
options.”
 She wanted an injunction against Wade
to tell him not to prosecute physicians
who had performed abortions.

Defendant’s Argument (d.)
That he was prosecuting within the law
 That it was constitutional to have
abortion against the law.
 The day after the ruling (at the district
court) Wade declared he would continue
prosecuting physicians who had
performed Abortions.

Amicus Curiae (e.)
One third party brief was that of James
Hallford.
 He was being prosecuted for performing
abortions.
 He lost his case.

Amicus Curiae Cont. (e.)
The Does, a childless married couple,
attacked the laws
 Claimed that pregnancy was an injury
based on contraceptive failure.
 Also argued that unpreparedness for
parenthood and impairment of the wife.

Decision (f.)

The District court ruled: “Freedom to
choose in the matter of abortions has
been accorded the status of a
‘fundamental’ right in every case the
court has examined, and that the burden
is on the defendant to demonstrate to
the satisfaction of the court that the
infringement [by the Texas abortion
laws] is necessary to support a
compelling state interest.”
Decision Cont. (f.)
The refused injunction against Wade.
 The court did rule that the antiabortion
laws were unconstitutional.
 The precedent set was that abortion was
declared a private citizens right.

Dissenting Opinion (g.)
The dissenting opinion was filed by Mr.
Justice Rehnquist.
 It stated that Roe must have been in her
first trimester of pregnancy in order to
file a complaint.


“Nothing in the Court's opinion indicates
that Texas might not constitutionally apply
its proscription of abortion as written to a
woman in that stage of pregnancy.”
Long Term Effects (h.)
This case stated that it was
unconstitutional to make abortions
illegal.
 At the time, it was a felony to perform an
abortion in 49 states, so all of the states
had to change that.

Bibliography
"Roe v. Wade." Roe v. Wade. N.p., 13
Dec. 1971. Web. 23 Oct. 2013.
 "Roe v. Wade – Case Brief Summary."
Lawnix Free Case Briefs RSS. N.p., n.d.
Web. 23 Oct. 2013.
 "ROE V. WADE." WEDDINGTON,
SARAH. N.p., n.d. Web. 23 Oct. 2013.
