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Roe v. Wade

United States Supreme Court
410 U.S. 113 (1973)

Roe v. Wade

Facts

Article 1196 of the Texas Penal Code restricts legal abortions to those “procured or attempted by medical advice for the purpose of saving the life of the mother.” Roe (plaintiff), a pregnant single woman, brought suit against Wade (defendant), a Texas state official, on the grounds that the statute was an unconstitutional restriction on her right to obtain an abortion. The federal district court considering the case issued declaratory, though not injunctive, relief stating that the Texas statute was void for its overbreadth, vagueness, and infringement on Roe’s Ninth and Fourteenth Amendment rights. Roe appealed the denial of injunctive relief to the United States Supreme Court.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Blackmun, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (Burger, C.J.)

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Concurrence (Stewart, J.)

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Concurrence (Douglas, J.)

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Dissent (White, J.)

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Dissent (Rehnquist, J.)

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