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410 U.S. 113Supreme Court of the United States

Jane ROE et al., Appellantsv.Henry WADENo. 70–18.

from Part IV - Intimate Choice and Autonomy

Published online by Cambridge University Press:  22 April 2022

Bennett Capers
Affiliation:
Fordham Law School
Devon W. Carbado
Affiliation:
University of California, Los Angeles, School of Law
R. A. Lenhardt
Affiliation:
Georgetown University Law Center
Angela Onwuachi-Willig
Affiliation:
Boston University School of Law
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Summary

Argued December 13, 1971.Reargued October 11, 1972.Decided January 22, 1973.

Justice MURRAY, concurring in the judgment.1

Since 1854, Texas, like many other American jurisdictions, has made it a crime to procure or attempt to procure an abortion, except with respect to “an abortion procured or attempted by medical advice for the purpose of saving the life of the mother.” Tex. Penal Code Arts. 1191–94, 1196 (1961). Petitioner Jane Roe is an unmarried woman living in Dallas County, Texas. She alleges that, unmarried and pregnant, she sought to terminate her pregnancy by an abortion “performed by a competent, licensed physician, under safe, clinical conditions.” She was unable to secure a “legal” abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy. Lacking the resources to travel to another jurisdiction to secure a legal abortion under safe conditions, she was forced to continue her pregnancy.

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Critical Race Judgments
Rewritten U.S. Court Opinions on Race and the Law
, pp. 523 - 534
Publisher: Cambridge University Press
Print publication year: 2022

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