In a majority opinion written by Justice Harry A. Why did the Court rule in favour of abortion’s constitutionality? Roe’s lawyers argued such caveats were vague and unconstitutional, and that making abortion illegal infringed upon Roe’s right to privacy. In an eerie mirror to the present state of Texan politics, Texas law at the time deemed abortion illegal except in instances where it would prevent a mother’s death. The case was put forth in 1970 by Jane Roe, the alias of a Texas woman who brought the case against Henry Wade, then the district attorney of Dallas County. ![]() Who brought the case before the Supreme Court? Ultimately, the Supreme Court justices, by a 7-2 vote, decided that, yes, abortion is a constitutional right. ![]() Constitution recognizes a woman’s right to end her pregnancy. First argued in 1971 and decided in 1973, the case examined whether the U.S. “ Roe” has become shorthand for the Supreme Court case known as Roe v.
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