Filed Date: March 3, 1970
Closed Date: Feb. 26, 1973
Clearinghouse coding complete
[This summary is temporary while we research the case.]
In this case challenging Texas criminal abortion statutes, the Supreme Court held that there is a constitutional protection for abortion rights. The case’s holding was later modified in Planned Parenthood v. Casey, 505 U.S. 833 (1992), and it was subsequently overruled in Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022).
On March 3, 1970, Jane Roe filed a lawsuit against the District Attorney of Dallas County, Henry Wade, in the U.S. District Court for the Northern District of Texas. In her complaint, Roe alleged that she was unmarried and pregnant; that she wished to terminate her pregnancy by an abortion "performed by a competent, licensed physician, under safe, clinical conditions"; that she was unable to get a ‘"legal" abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy; and that she could not afford to travel to another jurisdiction in order to secure a legal abortion under safe conditions. Roe claimed that the Texas statutes were unconstitutionally vague and that they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. Represented by private counsel, Roe sought a declaratory judgment that the Texas criminal abortion statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the statutes.
Additionally, on March 3, John and May Doe, a married couple, also filed a lawsuit against Wade in the Northern District of Texas. More details in this case are forthcoming.
Summary Authors
Muiz Wani (5/2/2024)
Jackson Women's Health Organization v. Dobbs, Southern District of Mississippi (2018)
Last updated March 29, 2024, 3 a.m.
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Special Collection(s):
Key Dates
Filing Date: March 3, 1970
Closing Date: Feb. 26, 1973
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Norma McCorvey—under the legal pseudonym "Jane Roe"—who, in 1969, became pregnant with her third child and James H. Hallford, a physician who was in the process of being prosecuted for performing two abortions.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Texas
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Due Process: Substantive Due Process
Other Dockets:
Northern District of Texas 70-03690
Northern District of Texas 70-03691
Supreme Court of the United States 70-00018
U.S. Court of Appeals for the Fifth Circuit 70-30329
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
U.S. Supreme Court merits opinion
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Issues
Discrimination Basis:
Affected Sex/Gender(s):
Medical/Mental Health Care:
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
Case Summary of Roe v. Wade, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45355/ (last updated 5/2/2024).