Roe v. Wade Revisited

by Tom Haughey

Norma McCorvey was refused an abortion under Texas state law. Her attorneys battled on through the courts even after Norma gave birth to her baby and it was put up for adoption. The case eventually reached the Supreme Court. The Court of Appeals had already ruled against the state on the grounds that Norma had a right to privacy under the Constitution’s Ninth Amendment. Normally the Supreme Court would have declined hearing such a case on the grounds it was “moot” (since the baby was already born) and since Norma McCorvey (referred to as Jane Roe) lacked standing because she could not represent other people with a similar complaint. In this case, however, the court viewed an exception in a 1911 case which allowed them to hear the case on the grounds that babies would always be born before such cases could go through the court system.

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