Roe V Wade Court Case Quotes

Even the most mundane, establishment-oriented law schools routinely teach that important legal cases lag far behind the social movements that create them,' writes Judith Brown, a 1968 women's liberation founder who became a lawyer. She continues: 'Supreme Court cases bob along behind social reality like little rowboats towed behind huge gun-ships... When we celebrate Roe v. Wade we celebrate--not the legal opinion of nine men in D.C.--but the thousands of women who forced a change so that what was once illegal became legal.

The real catalyst for the Religious Right was a court decision, but it was not Roe v. Wade. It was a lower court ruling in the District Court for the District of Columbia in a case called Green v. Connally. On June 30, 1971, the court ruled that any organization that engaged in racial segregation or racial discrimination was not by definition a charitable institution, and therefore it had no claims on tax-exempt status. The Supreme Court’s Coit v. Green decision upheld the district court, and the Internal Revenue Service then began making inquiries about the racial policies of so-called segregation academies as well as the fundamentalist school Bob Jones University, in Greenville, South Carolina, which boasted a long history of racial exclusion.

Many American boys that fought in WWII had been sterilized under eugenic laws passed by the the United States Supreme Court under the 1927 case of Buck v. Bell. Over 80,000 Americans would be forcibly sterilized under that legal precedent. Coincidentally, Buck v Bell is also the legal precedent cited in Roe v. Wade, the famous abortion rights case.

Contrary to myth, when the Supreme Court handed down its decision on Roe v. Wade, many secular and religious conservatives responded with delight. Here is what W. Barry Garrett, Washington bureau chief of the Baptist Press, a wire service run by the Southern Baptist Convention, wrote upon the announcement: “Religious liberty, human equality, and justice are advanced by the Supreme Court abortion decision.”50 Garrett’s position wasn’t exceptional. The 1971 convention of the Southern Baptists endorsed a resolution calling for the legalization of abortion to preserve the “emotional, mental, and physical health of the mother” as well as in cases of rape, incest, and “deformity.” The convention

The Court is a reactive institution. You react to the controversies that are brought to the Court. Roe v. Wade, I should be very clear—I think the result was absolutely right. Texas had the most extreme law in the nation; the Court could have decided the case before it, which is how the Court usually operates. It should have said that the Texas law is unconstitutional. There was no need to declare every law in the country addressing abortion, even the most liberal, unconstitutional. That’s not the way the Court usually operates. It doesn’t take giant steps.

... there are clear parallels between the Supreme Court's language describing black slaves in the infamous Dred Scott v. Sandford slavery case, and the court's language describing unborn babies in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).

RBG’s image as a moderate was clinched in March 1993, in a speech she gave at New York University known as the Madison Lecture. Sweeping judicial opinions, she told the audience, packed with many of her old New York friends, were counterproductive. Popular movements and legislatures had to first spur social change, or else there would be a backlash to the courts stepping in. As case in point, RBG chose an opinion that was very personal to plenty of people listening: Roe v. Wade. The right had been aiming to overturn Roe for decades, and they’d gotten very close only months before the speech with Planned Parenthood v. Casey. Justices Anthony Kennedy, David Souter, and Sandra Day O’Connor had instead brokered a compromise, allowing states to put restrictions on abortion as long as they didn’t pose an “undue burden” on women—or ban it before viability. Neither side was thrilled, but Roe was safe, at least for the moment. Just as feminists had caught their breath, RBG declared that Roe itself was the problem. If only the court had acted more slowly, RBG said, and cut down one state law at a time the way she had gotten them to do with the jury and benefit cases. The justices could have been persuaded to build an architecture of women’s equality that could house reproductive freedom. She said the very boldness of Roe, striking down all abortion bans until viability, had “halted a political process that was moving in a reform direction and thereby, I believe, prolonged divisiveness and deferred stable settlement of the issue.” This analysis remains controversial among historians, who say the political process of abortion access had stalled before Roe. Meanwhile, the record shows that there was no overnight eruption after Roe. In 1975, two years after the decision, no senator asked Supreme Court nominee John Paul Stevens about abortion. But Republicans, some of whom had been pro-choice, soon learned that being the anti-abortion party promised gains. And even if the court had taken another path, women’s sexual liberation and autonomy might have still been profoundly unsettling. Still, RBG stuck to her guns, in the firm belief that lasting change is incremental. For the feminists and lawyers listening to her Madison Lecture, RBG’s argument felt like a betrayal. At dinner after the lecture, Burt Neuborne remembers, other feminists tore into their old friend. “They felt that Roe was so precarious, they were worried such an expression from Ruth would lead to it being overturned,” he recalls. Not long afterward, when New York senator Daniel Patrick Moynihan suggested to Clinton that RBG be elevated to the Supreme Court, the president responded, “The women are against her.” Ultimately, Erwin Griswold’s speech, with its comparison to Thurgood Marshall, helped convince Clinton otherwise. It was almost enough for RBG to forgive Griswold for everything else.

The Supreme Court was beyond their constitutional power when they handed George W. Bush the victory in 2000 by ruling that if all the votes were counted in Florida, as that state’s supreme court had ordered, it would “cause irreparable harm to petitioner [George W. Bush].” They were beyond their constitutional power every single time they struck down a law passed by Congress and signed by the president over the years. And most important, the Supreme Court was way beyond their constitutional authority every single time they created out of whole cloth new legal doctrines, such as “separate but equal” in Plessy v. Ferguson, “privacy” in Roe v. Wade, or “corporations are people” in Citizens United v. Federal Election Commission. But in the fine tradition of John Marshall, today’s Supreme Court wants you to believe that they are the über-overlords of our nation. They can make George W. Bush president, without any appeal. They can make money into speech, they can turn corporations into people, and the rest of us have no say in it. And they’re wrong. It’s not what the Constitution says, and it’s not what most of our Founders said. Which raises the question: If the Supreme Court can’t decide what is and what isn’t constitutional, then what is its purpose? What’s it really supposed to be doing? The answer to that is laid out in the Constitution in plain black-and-white. It’s the first court where the nation goes for cases involving disputes about treaties, ambassadors, controversies between two or more states, between a state and citizen of another state, between citizens of different states, and between our country and foreign states. Read Article 3, Section 2 of the Constitution—it’s all there. Not a word in there about “judicial supremacy” or “judicial review”—the supposed powers of the court to strike down (or write) laws by deciding what is and what isn’t constitutional. President Thomas Jefferson was pretty clear about that—as were most of the Founders—and the court didn’t start seriously deciding “constitutionality” until after all of them were dead. But back in the day, here’s what Jefferson had to say: The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves… When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity.177 Their elective capacity? That’s a fancy presidential-founder way of saying that the people can toss out on their butts any member of Congress or any president who behaves in a way that’s unconstitutional. The ultimate remedy is with the people—it’s the ballot box. If we don’t like the laws being passed, then we elect new legislators and a new president. It’s pretty simple.

Contemporary conservatives often make Roe v. Wade the turning point in the story. In this account, the Religious Right emerged out of opposition to abortion. But the facts don’t really fit that story particularly well. Conservative white Protestants did not become pro-life until the late 1970s. Before that, Protestants were divided on the question and abortion was seen as a “Catholic” issue. The rightward turn of white evangelicals actually began a quarter-century earlier with another Supreme Court case: Brown v. Board of Education. The political architects of the Religious Right—Paul Weyrich and Richard Viguerie—were quite clear on this point. Opposition to racial integration was the real catalyst for the rise of the Religious Right.

In later unenumerated rights cases the Supreme Court has, for whatever reason, shied away from Justice Goldberg’s suggestion. That has not prevented it from using tests looking to “traditions” and the like for “fundamental rights” worthy of its protection, such as in famous unenumerated rights cases like Roe v. Wade (abortion), Troxel v. Granville (parents’ right to direct the upbringing of their children), or Lawrence v. Texas (right of same-sex intimate sexual conduct).59 But in none of those or related cases has it invoked the Ninth Amendment beyond, at best, a passing reference. Thus, Justice Goldberg’s undeveloped but interesting thoughts on the matter are the only more than transitory statements on the Ninth Amendment from the nation’s highest court.