CASE BRIEF Student's name : Elise Piallo and Sarah Rahmani • Case name : Roe v. Wade (Full name : Jane Roe, et al. v. Henry Wade, District Attorney of Dallas County) • Citation : 410.US.113 (1973) • Fact of the case : Appellant Jane Roe (Norma McCorvey) was a pregnant woman who wanted to obtain an abortion. But Texas law prohibited abortions except to save the pregnant mother's life. Jane Roe sued on behalf of herself and all other women similarly situated (class action suit). She was claiming that the statutes were violating her right of personal privacy, protected by the Fourteenth Amendment. The defendant was county District Attorney Henry Wade (represented Texas). He was the one who enforced the law that prohibited …show more content…
Abortion is now legal in all states during a woman's first trimester. • Procedural History : The district court decided in Roe's favor. The Supreme Court issued its decision on January 22, 1973. The Supreme Court ruled 7-2 in favor of Jane Roe. The Court said abortion is a fundamental right and affirms the legality of a woman's right of abortion under the Fourteenth amendment to the Constitution, in the right to privacy. • Issue : Does the Constitution allow women the right to have an abortion ? Is a woman's right to an abortion a fundamental right ? Is the right to privacy, protected by the Fourteenth amendment, allow a woman to have an abortion ? Is the Texas law constitutional ? • Holding : The decision gave a woman a right to abortion : a woman's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment. It is a fundamental right and the Texas law is unconstitutional based upon this right to privacy. • Judgment : Roe wins → the district court judgment is affirmed. Abortion is every woman's right. • Reasonning : Jane Roe stated that the Texas abotion law violated her and other women's Constituional