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DocsTeachThe online tool for teaching with documents, from the National Archives National Archives Foundation National Archives

Oral Arguments in Roe v. Wade

10/11/1972

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This is a sound recording of the oral arguments in the Supreme Court case Roe v. Wade.

Norma McCorvey had filed her case under the alias Jane Roe, fearing the lawsuit would bring unwanted notoriety and invade her personal privacy. She claimed that due to financial constraints, a Texas abortion law forced her to decide between bearing an unwanted child and seeking an abortion by unqualified doctors.

The court case remains one of the most controversial U.S. Supreme Court decisions in American history. In a 7–2 decision, the Supreme Court declared that a woman’s right to abortion falls under the constitutional guarantee of privacy, but "this right is not unqualified." The state "in promoting its interest in the potentiality of human life" can regulate abortion after the first trimester of a woman’s pregnancy.

In an unprecedented move, the Court issued a press release along with its opinion emphasizing that it does not promote "abortion on demand." In his dissenting opinion, Justice William Rehnquist chastised the majority for overstepping its authority. The Roe v. Wade decision affected the laws of 46 states.
This primary source comes from the Records of the Supreme Court of the United States.
National Archives Identifier: 81140995
Full Citation: Sound Recording 267.884; Roe et al. v. Wade, District Attorney Dallas County [Case 70-18] ; 10/11/1972; Sound Recordings of Oral Arguments - Black Series, 10/1955 - 12/1972; Records of the Supreme Court of the United States, Record Group 267; National Archives at College Park, College Park, MD. [Online Version, https://www.docsteach.org/documents/document/roe-wade-oral-arguments, March 28, 2023]
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