‘SHADOW OVER THE LAND’: JOE The facts behind the original case
The Supreme Court’s decision to overturn Roe v. Wade on Friday marked the first time the high court addressed the constitutionality of first-trimester abortions since the landmark case.
In the nearly five decades since the 1973 ruling, its basic principle was repeatedly reaffirmed, even as the court approved restrictions.
Here is what you need to know about the original case:
What is Roe v. Wade?
In March 1970, a pregnant woman in Dallas County, Texas, used the name “Jane Roe” to sue the local district attorney, Henry Wade, over a statute that made abortions illegal except to save the life of the mother.
Her suit alleged that the law was unconstitutionally vague and violated her rights under the First, Fourth, Fifth, Ninth and 14th amendments.
The case was consolidated with others brought by a physician facing prosecution for performing abortions and a married couple who said the wife could get pregnant if their contraception failed.
A lower court found the law unconstitutional but didn’t slap an injunction against Wade. Roe appealed to the Supreme Court, which heard oral arguments on Dec. 13, 1971, and Oct. 11, 1972.
Who was Jane Roe?
Shortly after the Supreme Court decision, Roe was identified as Norma McCorvey, a carnival ticket seller who was unmarried, pregnant and too poor to travel out of state for an abortion when she met two lawyers and agreed to sue over the Texas statutes.
She gave birth to the child, her third, and gave up the baby for adoption before the case reached the Supreme Court.
After getting baptized by the Rev. Flip Benham of the anti-abortion Operation Rescue group in 1995, McCorvey publicly switched sides in the abortion debate.
But a documentary released in 2020, about three years after she died, revealed a “deathbed confession” in which McCorvey said, “I took their money, and they took me out in front of the cameras and told me what to say.”
Who was Henry Wade?
Wade was a former sailor and FBI agent who was elected Dallas County’s district attorney in 1950. He retired in 1986.
Wade never lost a case he tried personally, including the prosecution of Jack Ruby, who fatally shot Lee Harvey Oswald in 1963.
Wade, a Democrat, never commented on Roe v. Wade and reportedly took no interest in it.
What was the law around abortion before Roe v. Wade?
Before Roe v. Wade, abortions were generally illegal in the US, but most states allowed them if a woman’s life was endangered by the pregnancy.
In 1962, the American Law Institute issued a model penal code that recommended further exceptions, including in cases of rape, incest and fetuses with severe defects.
In 1967, Colorado became the first state to adopt the recommendations, and 13 others did so by 1972. New York, Washington, Alaska and Hawaii repealed their anti-abortion laws in 1970.
Only New York didn’t impose a residency requirement to get abortions.
What did the Supreme Court decide in 1973?
In a 7-2 ruling on Jan. 22, 1973., the court found that the Texas statues violated a woman’s right to privacy as guaranteed by the 14th Amendment.
The ruling laid out a framework in which a woman could decide to have an abortion for any reason in the first trimester of pregnancy and states could regulate the procedure for “preservation and protection of maternal health” in the second and could outlaw abortions in the third, except in cases involving the health of the mother.
Several US companies based in states that could soon outlaw abortions — including Disney and Tesla — told employees they would pay for travel expenses to get the procedure out of state after the Supreme Court overturned Roe v. Wade.
Hours after the Supreme Court decision was announced, Disney circulated an internal memo to employees pledging financial assistance to those who are forced to travel out of state in order to obtain reproductive care.
“Our company remains committed to removing barriers and providing comprehensive access to quality and affordable care for all of our employees, cast members and their families, including family planning and reproductive care, no matter where they live,” Disney executives said in the memo.
Disney waded into the politically fraught issue amid its ongoing battle with Republican-dominated Florida over the company’s opposition to the “Don’t Say Gay” law.
Tesla also committed to covering expenses after Elon Musk’s electric car outfit recently relocated to Texas, where the governor has vowed to outlaw the procedure.
Musk has been hailed by conservatives for his pledge to acquire Twitter and alter its content moderation policies as well as his stated desire to vote for Republican candidates. Neither Musk nor Tesla returned a call seeking comment.
The CEO of Dick’s Sporting Goods, which has more than 41,000 US locations, said the company will pay up to $4,000 in travel expenses for those who will face restrictions in their state.
“We at Dick’s Sporting Goods are prepared to ensure that all of our teammates have consistent and safe access to the benefits we provide, regardless of the state in which they live,” Lauren Hobart said.