1973 Roe v. Wade (7-2). The Supreme Court rules that: abortion is encompassed within the right to privacy; abortion restrictions must be narrowly tailored to serve a "compelling" state interest; before viability (when the fetus can survive outside the womb), the state's interest in fetal life is not compelling; even after viability, when the state's interest in fetal life becomes compelling, the state must allow abortions necessary to protect a woman's life or health; the state's interest in maternal health becomes compelling at the end of the first trimester of pregnancy; a fetus is not a "person" under the Fourteenth Amendment, nor may the state justify restrictions on abortion based on one theory of when life begins. Majority opinion written by Justice Harry Blackmun. Voting for: Chief Justice Warren Burger and Justices William J. Brennan, Jr., William O. Douglas, Potter Stewart, Thurgood Marshall, and Lewis Powell. Voting against: Justices Byron White and William Rehnquist.