Whalen v. Roe
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| Whalen v. Roe | |||||||||
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| Argued October 13, 1976 Decided February 22, 1977 |
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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. | |||||||||
| Court membership | |||||||||
| Chief Justice: Warren E. Burger Associate Justices: William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis Franklin Powell, Jr., William Rehnquist, John Paul Stevens |
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| Case opinions | |||||||||
Whalen v. Roe, 429 U.S. 589 (1977)[1], was a case in which the Supreme Court of the United States held ...
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?
[edit] References
- ^ 429 U.S. 589 Full text of the opinion courtesy of Findlaw.com.
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