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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
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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