Whalen v. Roe

SCOTUSCase
Litigants=Whalen v. Roe
ArgueDate=October 13
ArgueYear=1976
DecideDate=February 22
DecideYear=1977
FullName=Whalen, Commissioner of Health of New York v. Roe, et al.
USVol=429
USPage=589
Citation=97 S. Ct. 869; 51 L. Ed. 2d 64; 1977 U.S. LEXIS 42
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Holding=The Court held that the requirements of the New York State Controlled Substances Act did not on its face violate a "constitutionally protected 'zone of privacy.'" The Court found that the statutory scheme evidenced "a proper concern with, and protection of, the individual's interest in privacy" and that the "remote possibility" of potential abuses of data accumulation and disclosure were not sufficient to establish an invasion of any rights or liberties protected by the Fourteenth Amendment.
SCOTUS=1975-1981
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"Whalen v. Roe", 429 U.S. 589 (1977) [ [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=429&page=589 429 U.S. 589] Full text of the opinion courtesy of Findlaw.com.] , was a case brought before the Supreme Court of the United States.

Facts of the Case

In 1972, the state legislature enacted the New York State Controlled Substances Act. The Act required doctors to fill out forms for potentially harmful prescription drugs. The prescribing doctor kept one copy, while another copy was sent to the dispensing pharmacy and a third copy was sent to the state department of health. The forms included personal information such as the patient's name, address, and age.

Question Presented

Did the reporting and record-keeping requirements violate the constitutional right to privacy embraced by the concept of liberty under the Fourteenth Amendment?

Conclusion

The Court held that the requirements of the Act did not on its face violate a "constitutionally protected 'zone of privacy.'" The Court found that the statutory scheme evidenced "a proper concern with, and protection of, the individual's interest in privacy" and that the "remote possibility" of potential abuses of data accumulation and disclosure were not sufficient to establish an invasion of any rights or liberties protected by the Fourteenth Amendment.

ee also

* List of United States Supreme Court cases, volume 429
* [http://www.oyez.org/cases/1970-1979/1976/1976_75_839/argument/ Recording of the Oral Argument from the Case Courtesy of Oyez.org]

References