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)