"We acknowledge our awareness of the sensitive and emotional nature of the abortion controversy; of the vigorous opposing views, even among physicians. ... The right of personal privacy includes the abortion decision, but this right is not unqualified and must be considered against important state interests in regulation."
-From Justice Harry A. Blackmun's majority opinion
Exchange In Ideas
In the courtroom, there were many opinions being swapped and emotions being felt. There were two main sides to the issue. Roe, who wanted full access to safe, legal abortions, and Wade, who wanted the current laws to stay in place, which were only permitted if abortion was necessary to save the mother’s life.
Roe's Opinion
Sarah Weddington’s main defense was based on the Ninth Amendment, Due Process Clause in the Fourteenth Amendment, and the fact that the fetus was not yet a “person” (University of Kansas City Missouri). She and many other woman believed it was a fundamental right to be able to obtain a safe, legal abortion (University of Kansas City Missouri).
“We are not here to advocate abortion. We do not ask this Court to rule that abortion is good or desirable in any particular situation. We are here to advocate that the decision as to whether or not a particular woman will continue to carry or will terminate a pregnancy is a decision that should be made by that individual. That, in fact, she has a constitutional right to make that decision for herself and that the state has shown no interest in interfering with that decision.” -Sarah Weddington, Lawyer for Jane Roe
Wade's Opinion
Jay Floyd's and Robert Flower's main defense for his stance in beliefs was that there was no right to abortion in the constitution,and compelling state interest protected all human lives, life begins at conception, and the Fourteenth Amendment (University of Kansas City Missouri). He firmly believed that abortion was not a right, and believed in defending the lives of all people from conception.
“Now I think she makes her choice prior to the time she becomes pregnant. That is the time of the choice.” -Jay Floyd, Lawyer for Henry Wade in first argument
“You’re entirely right there and-- but I find no way that I know that any Court or any legislature or any doctor anywhere can say that here is the dividing line. Here is not a life and here is a life after conception.” -Robert Flowers, Lawyer for Henry Wade in second argument
The Lasting Opinion
In the 7-2 decision, Roe came out with the victory (Oyez). The Court recognized that Roe’s stance was valid due to her stance on the Fourteenth Amendment’s Due Process Clause, the earlier court case of Griswold v. Connecticut, and the Ninth Amendment. However, the Court didn’t agree with the fact that it was completely a woman’s right and some state regulations would be allowed. The final decision was that there would be unlimited access to abortion statewide in the first trimester, and abortion can be regulated but not outlawed in the second trimester. Therefore, up to viability of the fetus, abortion couldn't be outlawed, and was always available if the mother's health was at risk (The Case of Roe v. Wade).
"At the heart of the controversy in these cases are those recurring pregnancies that pose no danger whatsoever to the life or health of the mother but are, nevertheless, unwanted... I find nothing in the language or history of the Constitution to support the court's judgment. The court simply fashions and announces a new constitutional right for pregnant women."
- From Justice Byron R. White's dissenting opinion
"Members of the Supreme Court of the United States pose in Washington, D.C., Thursday, April 20, 1972. Seated in the front row, from left, are, Associate Justices Potter Stewart, William O. Douglas, Chief Justice Warren E. Burger, Associate Justice William J. Brennan Jr., and Byron R. White. Standing in the back row, from left, are, Associate Justices Lewis F. Powell Jr., Thurgood Marshall, Harry A. Blackman, and William H. Rehnquist. Justices Powell and Rehnquist are the newest members of the court." (AP Photo)