[Transcripts of Oral Argument (#1) (#2)] the landmark (7-2) abortion decision voided the
abortion laws of nearly every state. Striking down a Texas statute that
prohibited all abortions except to save the mother's life, the Supreme Court,
per Blackmun, held that abortion was a constitutional right that the
states could only abridge after the first six months of pregnancy. More
specifically, the Court held that: (1) the Court had jurisdiction; (2) Roe's
case was not moot, despite the birth of her child, because the case was "capable
of repetition, yet evading review;" (3) the right to privacy includes the right
to abortion; (4) since abortion is a fundamental right, state regulation must
meet the "strict scrutiny" standard, which means the state must show it has a
"compelling interest" in having the law; (5) the word "person" in the 14th Amendment, does not apply to the unborn; (6)
the state has an important interest in both preserving the heath of a pregnant
woman and in protecting fetal life; (7) the state's interest in maternal health
becomes compelling at three months; (8) the state's interest in fetal life
becomes compelling at viability--six months; (9) the state may not regulate
abortion at all during the first trimester; (10) the state may regulate abortion
during the second three months, but only for the protection of the woman's
health; (11) the state may regulate or ban abortion during the third trimester
to protect fetal life.
Roe, the only successful suit of a group of test cases designed to
challenge validity of the Texas abortion statute, was brought by Norma McCorvey
(alias "Jane Roe") and her lawyer, Sarah Weddington. It was heard twice by the
Court because the retirement of Black and Harlan had left two vacancies. With
Powell and Rehnquist added, the case was then re-heard. Though Douglas was rightly the intellectual father of
Roe, it was Blackmun who worked feverishly behind
the scenes to build a consensus for the ruling that he would ultimately write
for the Court. [Recently released internal memoranda, while shedding fascinating
light on the workings of the Roe Court, have also resulted in stark criticism of the
majority's conduct.] The two dissenters, Rehnquist
and White would champion the cause against Roe
for more than twenty years to come. Though legally it has been eclipsed by Casey, it remains as the essential centerpiece of
constitutional jurisprudence on abortion.