Constitutional Law Spring 2007

Class 22Substantive Due Process Continued:

Personal Liberty – Reproduction,Contraception, Abortion

Roe v. Wade (1973)

• The real “Jane Roe” was Norma McCorvey

• Wrote autobiographies “I am Roe” (1994), “Won by Love” (1997)

• Now a Catholic and supporter of the pro-life movement

Roe’s Lawyers

• Linda Coffee and Sarah Weddington (pictured, left)

• 26 years old when she first argued the case (her first!) before the Supreme Court

• Case was argued twice before the Court (unusual) 12/13/1971 and 10/11/1972

Majority Opinion in Roe v. Wade

• Written by Justice Blackmun, joined by Justices Burger, Douglas, Brennan, Stewart, Marshall, Powell

• 2 dissenters (Justices Rehnquist and White (in Doe v. Bolton)

• Concurrences by Justice Stewart, Douglas (in Doe v. Bolton) also Burger

WEBSTER v. REPRODUCTIVE HEALTH SERVICES (1989)

• 5-4• Plurality by Reh quist,

White and Kennedy• Concurrence by Scalia• Concurrence by

O’Connor• Dissenters: Blackmun,

Brennan, Marshall, Stevens

Planned Parenthood of Southeastern PA v. Casey (1992)

(CB p. 574)