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Roe v. Wade, (1973) was filed in the federal court system, rather than the state courts because the issue involved civil rights under the US Constitution.

The case was tried in US District Court for the Northern District of Texas, where the court declared the statutes were unconstitutional, but the judge refused to grant declaratory relief, necessitating the case be heard on appeal. [314 F Supp. 1217 (N.D. Tex 1970)]

Roe bypassed the US Court of Appeals for the Fifth Circuit and went to the US Supreme Court on expedited appeal for injunctive relief, but filed for protective relief in the Fifth Circuit. The Supreme Court ordered the Circuit Court decision held in abeyance until the Supreme Court ruled on the merits of the case.

The first set of arguments were heard December 13, 1971: Roe v. Wade, 402 US 941 (1971)

The Court, having found both arguments lacking in legal substance, scheduled reargument for October 11, 1972: Roe v. Wade, 408 US 919 (1972)

The Court released its opinion holding in favor of Roe on January 22, 1973 in Roe v. Wade, 410 US 113 (1973)

Respondent's petition for a rehearing was denied within the 90-day window in Roe v. Wade, 410 US 959 (1973).

Case Citation:

Roe v. Wade, 410 US 113 (1973)

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