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Around half a million people attended the March For Women's Rights in Washington DC on 9 April 1989. Shutterstock/Mark Reinstein

Roe v Wade: What you need to know about the 1973 case that enshrined US abortion rights

Jane Roe – a pseudonym for Norma McCorvey – sued the Dallas Attorney General, Henry Wade.

A US SUPREME Court draft opinion leaked to the press last night suggests a majority of justices are ready to overturn the landmark Roe v Wade ruling, shredding nearly 50 years of constitutional protections on abortion rights.

A document labelled “Opinion of the Court” shows a majority of the court’s justices earlier this year threw support behind overturning the 1973 case that legalised abortion across the country.

According to the political news organisation Politico – who published the “leaked document” – the draft opinion shows the court voted to strike down the landmark case.

Here is how the original 1973 court case played out.

On 22 January 1973, the court decided that the constitutional right to privacy applied to abortion.

Roe was ‘Jane Roe’, a pseudonym for Norma McCorvey, a single mother pregnant for the third time, who wanted an abortion.

She sued the Dallas Attorney General, Henry Wade, over a Texas law that made it a crime to terminate a pregnancy except in cases of rape or incest, or when the mother’s life was in danger.

Filing a complaint alongside her was Texas doctor James Hallford, who argued the law’s medical provision was vague, and that he was unable to reliably determine which of his patients fell into the allowed category.

The ‘Does’, another couple, childless, also filed a companion complaint, saying that medical risks made it unsafe but not life-threatening for the wife to carry a pregnancy to term, and arguing they should be able to obtain a safe, legal abortion should she become pregnant.

The trifecta of complaints — from a woman who wanted an abortion, a doctor who wanted to perform them and a non-pregnant woman who wanted the right if the need arose — ultimately reached the nation’s top court.

The court heard arguments twice, and then waited until after Republican president Richard Nixon’s re-election, in November 1972.

‘Sensitive and emotional’ controversy

Only the following January did it offer its historic seven-to-two decision — overturning the Texas laws and setting a legal precedent that has had ramifications in all 50 states.

Justice Harry Blackmun, writing for the majority, said the court recognised the “sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires”.

But he argued that the “right of privacy… is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy”.

“A state criminal abortion statute of the current Texas type, that excepts from criminality only a lifesaving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment,” the ruling read.

But the top court agreed with lower court rulings that the right to privacy with regard to pregnancy “is not absolute, and is subject to some limitations”.

“At some point, the state interests as to protection of health, medical standards and prenatal life become dominant,” Blackmun wrote.

The top court thus ruled partially against the doctor and the Does, but in favor of Jane Roe, who has since become a pro-life activist.

On the same day, the justices ruled in the separate Doe v Bolton case, which authorised each state to add restrictions to abortion rights for later-term pregnancies.

The constitutional right to abortion was later confirmed in a number of decisions, including Webster v Reproductive Health Services in 1989, Planned Parenthood v Casey in 1992 and Stenberg v Carhart in 2000.

© AFP 2022 

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    Mute Nodon
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    Dec 17th 2023, 8:03 PM

    Liverpool’s luck finally running out. They are in a false position having got points their performances did not deserve.

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    Mute James Rowan
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    Dec 17th 2023, 8:06 PM

    @Nodon: one loss in 17 games and second place that’s some luck alright.

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    Mute Brian
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    Dec 17th 2023, 8:16 PM

    @Nodon: lol .. what happened to the old addage.. the table never lies.. ! Only applicable when it suits you ? try harder troll.. winning the amount of points they have from a losing position shows more about a team than .. luck. As Delia would say.. let’s be having you…lol

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    Mute Nodon
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    Dec 17th 2023, 8:22 PM

    @Brian: even Liverpool fan Jamie Carragher admits that their performances have been poor.

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    Mute Deano
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    Dec 17th 2023, 8:37 PM

    @Nodon: I agree,we have gotten away with one on a few occasions alright,but that in it self says something, winning when not at our best,but also if liverpool want to challenge for the league they will have to improve, and no better place than next Saturday night,fair play to utd they had little choice to play the way they did and probably had the best chance of the game to win it.

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    Mute Brian
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    Dec 17th 2023, 8:38 PM

    @Nodon: you’re conflating poor with lucky.. poor ? At times.. resilient.. 100 per cent. Some luck though being top of league b4 today.. and with a bit of ‘ luck ‘ top of the league for Christmas next week.. so according to you we should all take our lead now from Carragher and the sky sports pundits. Id say your a .. “but Roy is right man’.. judge football for yourself.. don’t leave those plebs tell you what to think.. inevitably they’re wrong.

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    Mute Michael Costello
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    Dec 17th 2023, 8:51 PM

    @James Rowan: as a Utd fan I wholeheartedly agree with you. With just 1 or 2 better roll of the ball Liverpool would have 1. I do agree with manager and player comments ” wrong decision made on some attacking occasions “… As for Utd they have no excuses now. Only weekend football to concentrate on…

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    Mute Alan Kennedy
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    Dec 18th 2023, 1:30 AM

    @Nodon: 2nd in the league? Scored twice as many goals as united? Still in Europe?

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    Mute james rowan
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    Dec 18th 2023, 8:03 AM

    @James Rowan: morning james

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    Mute Liam Dunne
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    Dec 17th 2023, 9:29 PM

    Greatest team in league history said ONE league in 33 years Lol Lol Lol

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    Mute Deano
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    Dec 17th 2023, 10:24 PM

    @Liam Dunne: lol,lol,lol,brilliant.

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    Mute Vincent Wallace
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    Dec 18th 2023, 9:47 AM

    @Liam Dunne:Almost as funny as UTD celebrating draws these days lol

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    Mute Liam
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    Dec 17th 2023, 7:47 PM

    In the end United dragged them down to their level. Good game plan executed I guess you have to say. Keane coming out with his usual over the too repetitive “tough” analysis. Gets boring.

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    Mute Shane O Mac
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    Dec 17th 2023, 9:10 PM

    @Liam: the game was boring, the atmosphere was poor

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    Mute Brian Dunne
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    Dec 17th 2023, 9:17 PM

    @Liam: boo hoo. Liverpool could still be out there and not look like scoring. Not uniteds fault, liverpool aren’t as good as they think they are. I think they’ll finish 3rd behind city and arsenal.

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    Mute Brian
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    Dec 17th 2023, 9:24 PM

    @Brian Dunne: who’s boohooing Brian.. lol. How would you know how good they are..? you don’t watch them.. by your admission. So your assessment of the title race isn’t worth a…. boohoo. Your opinion is not to be taken seriously .. how could it be?

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    Mute Brian Dunne
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    Dec 17th 2023, 9:26 PM

    @Brian: dry your eyes mate

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    Mute Deano
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    Dec 17th 2023, 9:28 PM

    @Brian Dunne: On the other article brian you stated you don’t watch liverpool,so why comment on how good they are or are not.

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    Mute Brian
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    Dec 17th 2023, 9:31 PM

    @Brian Dunne: good comeback Brian.. lol.. everyone can see you for what you are.. a waffler.. ‘I know football but don’t watch it’ waffler.. zzzzz lol

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    Mute Brian Dunne
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    Dec 17th 2023, 9:32 PM

    @Deano: from what I’ve seen, and in the games involving manchester united, liverpool are behind city and arsenal. Ive also seen loads of pool fans on here saying they’ve been playing poorly all season but getting results.

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    Mute Brian Dunne
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    Dec 17th 2023, 9:35 PM

    @Brian: i actually have a life outside of watchin football, so im happy if i see united and bohs every week. Anyone else it’ll be on motd.

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    Mute Brian
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    Dec 17th 2023, 9:37 PM

    @Deano: shhhh Deano.. Brian’s an expert.. doesn’t need to watch a team over a season to form an opinion on them.. 90 minutes in a ‘derby’ will suffice. Tis ‘experts’ like him you’d be paying a subscription to the 42 to listen to in the comments section.. lol

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    Mute Brian Dunne
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    Dec 17th 2023, 9:37 PM

    @Brian: do u watch united regularly?

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    Mute Deano
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    Dec 17th 2023, 9:39 PM

    @Brian Dunne: I don’t disagree brian,as per my earlier post,liverpool have been poor at times this season,but I believe that in it self says something, winning and playing poorly,liverpool will have to improve to challenge,I give credit to utd to day,no choice to play the way they did,got a point and could of actually won it.

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    Mute Brian
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    Dec 17th 2023, 9:44 PM

    @Brian Dunne: So you don’t see Liverpool on MOTD..? Your waffling… you talk like you are an authority on Premier League football.. and I say that as someone who has seen a lot of your comments.. you have time enough in your life outside of football to post ad nauseam.. but now you admit you rarely watch it. make up your mind man,, you either know what you’re talking about or you don’t..

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    Mute Brian Dunne
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    Dec 17th 2023, 9:48 PM

    @Brian: glad to hear your a fan of mine. Look ye didnt get the result yous were hoping for today. Not the end of the world. You didn’t lose either so take the point and move on. Don’t be wasting energy on what im saying.

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    Mute Brian
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    Dec 17th 2023, 9:51 PM

    @Brian Dunne: unfortunately yes.. over the last 30 years.. watched their great teams and now their siht teams.. the last decade has been brilliant as it is going someway to offset their glory years.. but I watch all teams or try to as much as I can to give an informed opinion as to the league. also as an avid FF player I’m immersed in all teams and every player.

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    Mute Brian Dunne
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    Dec 17th 2023, 9:54 PM

    @Brian: fair do’s! I wish i had the time to watch every game.

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    Mute Brian
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    Dec 17th 2023, 9:56 PM

    @Brian Dunne: Not a fan… But I can read.. and I do be seeing your opinion a lot.. for a poor fella who doesnt have a lot of time .. fair play to ya… lol. just don’t waffle about Liverpool and label them, if your opinion isn’t informed .. and it isn’t .. by your admission. Just admit you were wrong and move along and we’ll say no more about it ;-)

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    Mute Brian Dunne
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    Dec 17th 2023, 9:58 PM

    @Brian: jesus lad calm down. Not the end of the world if someone doesn’t think your team is brilliant! Don’t let my opinions wind you up. Its only my opinion and im sticking to it btw. City and arsenal to finish ahead of the pool. But i could be wrong, we’ll see!

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    Mute Brian
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    Dec 17th 2023, 10:10 PM

    @Brian Dunne: but Brian thats my point.. its your opinion.. and I simply pointed out as someone who doesn’t watch Liverpool regularly.. that your opinion of them as being ‘bang average’ isn’t worth a jot. You surely get the logic of that. Anyway man .. best of luck to ya.. I’m not out for a barney .. just your comment needed addressing imo.

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    Mute Brian Dunne
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    Dec 17th 2023, 10:12 PM

    @Brian: well consider my comment adressed. Good man.

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    Mute John Kenny
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    Dec 18th 2023, 7:11 AM

    @Brian Dunne: think they will be fourth you forgot about villa or did you not look at the top of the table

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    Mute Brian Dunne
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    Dec 18th 2023, 8:01 AM

    @John Kenny: i think liverpool will finish ahead of villa.

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    Mute Liam
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    Dec 18th 2023, 12:12 PM

    @Brian Dunne: boohoo? Brian on the windup again as per. Thought you don’t watch football only MOTD?

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    Mute James Rowan
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    Dec 18th 2023, 12:14 PM

    @Brian Dunne: I think Everton will finish above United.

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    Mute Eamon
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    Dec 17th 2023, 8:22 PM

    The death of Israeli hostages at the hands of Israeli forces shows us the complete stupidity of war.

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    Mute Mel Fitzpatrick
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    Dec 17th 2023, 8:42 PM

    @Eamon: That’s what shows you..!?

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    Mute Alan
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    Dec 17th 2023, 10:01 PM

    @Mel Fitzpatrick: shows Israelites kill anybody who tries to surrender

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    Mute Alan Kennedy
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    Dec 18th 2023, 1:27 AM

    @Eamon: Yeah, but if McAllister was playing, it would never happen!

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    Mute Elvis
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    Dec 17th 2023, 9:20 PM

    Awful game and performance from LFC couldn’t break thru their defence, didn’t take our chances and perhaps the TAA shot was our best chance….need to improve or spend some money in January window…I wish !!!

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    Mute Ray Grogan
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    Dec 17th 2023, 11:21 PM

    COYS…….

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    Mute Michael Fielding
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    Dec 18th 2023, 5:50 AM

    @Ray Grogan: lol. ‘Lads….it’s Tottenham’.

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    Mute Paul Fahey
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    Dec 18th 2023, 9:36 AM

    Lots of grown arse Irishmen falling out and arguing over which one of “their” English football teams are better than the other, hilarious.

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    Mute Vincent Wallace
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    Dec 18th 2023, 9:49 AM

    @Paul Fahey: Edgy, only “grown arse” sounds like Americanism

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    Mute michael odwyer
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    Dec 18th 2023, 12:24 PM

    @Paul Fahey: i thought sport transcends politics

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    Mute Robert Halvey
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    Dec 18th 2023, 9:51 AM

    The level of entitled hubris spewing from the mouths of our johnny foreigner loving government is disgusting

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