Whalen v. Roe
Prescription Drugs And The Patients' Right To Privacy, Impact
Whalen, Commissioner of Health New York
Roe, et al.
A New York state law requiring that the names of prescription drug users be sent to a computer for record-keeping did not violate the constitutional right to privacy under the Fourteenth Amendment.
Chief Lawyer for Appellant
A. Seth Greenwald
Chief Lawyer for Appellees
Justices for the Court
Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger, Thurgood Marshall, Lewis F. Powell, Jr., William H. Rehnquist, John Paul Stevens (writing for the Court), Potter Stewart, Byron R. White
Date of Decision
22 February 1977
The Court upheld a New York State law requiring that the names of prescription drug users be sent to a computer for record-keeping.
In Whalen v. Roe the Court established that liberty within itself was not a fundamental right guaranteed to all. If the state, as was the case with the New York's drug prescription registry, could make a rational showing for the law then it was not unconstitutional.
- Kelley v. Johnson, 425 U.S. 238 (1976).
- Youngberg v. Romeo, 457 U.S. 307 (1982).
- Roberts v. United Jaycees, 468 U.S. 609 (1984).
- Cruzan v. Director, Missouri Dept. of Health, 497 U.S. 261 (1990).
- Gunther, Gerald and Kathleen Sullivan. Constitutional Law, 13th edition. New York: The Foundation Press Inc., 1997.
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