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In June of 1969 Norma L. McCorvey found out that she was pregnant with her third child. She returned to Dallas, Texas where there were laws against having abortions. Her friends advised her to claim that she had been raped so that she could have a legal abortion. However this attempt and an attempt of an illegal abortion failed, so she was eventually referred to attorneys Linda Coffee and Sarah Weddington.
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In March of 1970 a suit was filed in Dallas, Texas in a federal district court on behalf of a pregnant woman known as "Jane Roe" (Norma McCorvey) and all other women "who were or might become pregnant and want to consider all options." The suit was against Henry Wade, the district attorney of Dallas. He was responsible for enforcing criminal laws including the antiabortion statutes.
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The Dallas Federal District Court ruled "freedom to choose in the matter of abortions has been accorded the status of a `fundamental' right in every case the court had examined, and that the burden is on the defendant to demonstrate to the satisfaction of the court that the infringement [by the Texas abortion laws] is necessary to support a compelling state interest." Norma L. McCorvey had won this case. Wade appeaked the next day.
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The Supreme Court scheduled the case to be heard December 13, 1971. Following a first round of arguments, all seven Justices (two of the nine recently retired) agreed that the law banning abortions should be struck down
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In May of 1972, Justice Blackmun proposed that the case should be reargued. On October 11th the case was reargued. Weddington continued to represent Roe, and Texas Assistant Attorney General Robert C. Flowers stepped in to replace Jay Floyd for Texas.
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The Supreme Court's final decision, with a 7-2 vote in favor of Roe, was abortion is a fundamental right under the United States Constitution.
