Roe v.

Wade: Case Brief

Jacqueline Ann Paulson

Legal Research PA201-07

November Term

Professor: Laurence Gillis

Citation: 410 U.S. 113 (1973)
Parties: Jane Roe v. Henry Wade
Plaintiff: Jane Roe
Defendant: Henry Wade
Landmark case: Abortion became legal in the United States.

Factual Background: Jane Roe known as Norma McCorvey, a pregnant single woman who
wanted an abortion in the State of Texas. The complaint was brought to the United States
Supreme Court. Roe represented herself as well as other woman who become pregnant and
want the option of an abortion. Texas law stated that she or any woman could not abort their
child, thus making it a crime unless the reason for the abortion was to save the life of the
mother. The Defendant Henry Wade was the district attorney of Dallas County. He was
responsible for enforcing the laws against abortion in that area.
Issue: The plaintiff, Jane Roe, alleged that the abortion law in Texas violated her
constitutional rights and other women’s. The question presented is, does the plaintiff have a
constitutional right to terminate her pregnancy?
Holding: Yes, (Vote 7-2): The statute is unconstitutional because the constitution contains a
right to an abortion, based upon the U.S.Constitution with regards to the rights to privacy.
Rule: U.S. Const. Amend.XIV: Tex. Code Crim. Proc. arts. 1191-94, 1196 (Wikipedia, 2005)
Application: The Plaintiff, Jane Roe wins her case, which made it a landmark case and
allows abortion to be legal in the United States.
Conclusion: The court concluded the framework of the three tier trimesters in the stages of
pregnancy to determine the answer. The Texas law violates this framework, because it
outlaws abortions not just in the third trimester, but also in the first and second trimester of
the pregnancy. The decision was final on Jan 22, 1973.
(Wikipedia, 2005)

Corporation, M. (1993-2007). Roe v. Wade-MSN Encarta. Retrieved 11 25, 2007,

from http://encarta.msn.com/text_761595572____0/Roe_v_Wade.html

foundation, w. e. (2006, 1 19). Frontline. Retrieved 11 25, 2007, from the last
abortion clinic: abortion wars: roe v. wade and...:
http://www.pbs.org/wgbh/pages/frontline/clinic/wars/cases.html

Maher, B. (n.d.). Ideas & Energy-Whatever Happened to Jane Roe? Retrieved 11 25,
2007, from http:www.frc.org/ie/people/people0101a.html

Weddington, S. (n.d.). The Weddington Center- 30th Anniversary of Roe v. Wade.

Retrieved 11 25, 2007, from Roe v. Wade Anniversary:
http:weddingtoncenter.com/anniverssary_qa.html

Wikipedia. (2005, 07 16). Defintion and Much More from Answers.com. Retrieved 11
24, 2007, from Answers.com: http://www.answers.com/topic/roe-v-wade