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In 1821, Connecticut was the first state to criminalize abortion and by 1900, every state had legislation on abortion. In 1969, Norma McCorvey was pregnant with her third child and did not want to keep it, so she attempted to have a legal abortion by stating that she had been raped. In Texas law, abortions were legal in the case of rape and incest but, as there was no police report about the rape, she was denied a legal abortion.
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In 1970, her case was brought before the US District Court in Texas, in which she used the alias of Jane Roe. The defendant was Dallas County District Attorney Henry Wade, representing the state of Texas. McCorvey won the case because the state considered her decision a part of her right to privacy, which is protected by the 14th Amendment.
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The case was appealed until it came before the Supreme Court. In his opening remarks, the defense, Jay Floyd, told what is called "The Worst Joke in Legal History." He said, "When a man argues against two beautiful ladies like this, they are going to have the last word." His joke was met with silence from the female lawyers of the opposition as well as Chief Justice Warren Burger.
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After two rounds of arguments, on January 22, 1973 the Court decided 7-3 in favor of Roe. The decision made it clear that abortion was a fundamental right under the US Constitution. It also framed the issue as a physician's right to practice medicine freely and without influence by the state, rather than an issue of women's rights. Every year on the anniversary of the decision, protestors march to the Supreme Court. Some believe that the ruling goes too far while others believe that it is not enough.
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