Whalen v. Roe

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Whalen v. Roe

Argued October 13, 1976
Decided February 22, 1977

Full case name:	Whalen, Commissioner of Health of New York v. Roe, et al.

Citations:	429 U.S. 589; 97 S. Ct. 869; 51 L. Ed. 2d 64; 1977 U.S. LEXIS 42

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.

Court membership

Chief Justice: Warren E. Burger
Associate Justices: William J. Brennan, Jr., Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist, John Paul Stevens

Case opinions

Whalen v. Roe, 429 U.S. 589 (1977)^[1], 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.