Title: TSHA | Roe v. Wade
Headings: Roe v. Wade
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Roe v. Wade
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This entry belongs to the following Handbook Special Projects:
Texas Almanac 2020-2021

Content: In March 1970 a suit was filed in Dallas in a three-judge federal district court on behalf of a pregnant woman known as Jane Roe (later identified as Norma McCorvey) and all other women "who were or might become pregnant and want to consider all options." The suit was against Henry Wade, the district attorney at Dallas, an official responsible for enforcing criminal laws, including antiabortion statutes. The suit asked that the Texas law be declared unconstitutional and that an injunction be issued telling Wade to stop prosecuting doctors who performed abortions. The three-judge court declared that the "freedom to choose in the matter of abortions has been accorded the status of a `fundamental' right in every case the court had 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." Although this burden was not met and the court declared the Texas law unconstitutional, the court still refused to issue an injunction against Wade. The following day Wade announced that he would continue to prosecute physicians who provided abortion services. Both sides appealed, and eventually the Supreme Court agreed to hear the case. The Supreme Court's 1973 decision held that there was a constitutional right of privacy. Seven justices joined the majority opinion written by Justice Harry Blackmun; two justices dissented.