Roe V Wade Opinion Quotes

Justice Harry Blackmun’s majority opinion in Roe v. Wade was all about privacy, but the most private parts of a woman’s body and the most private decisions she will ever make have never been more public. Everyone gets to weigh in. Even, according to the five conservative Catholic men on the Supreme Court, her employer.

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 next time you hear someone say that Roe v. Wade or Obergefell v. Hodges are the law of the land, remind them that they are not; they are the opinions of the supreme Court just like Dred Scott v. Sanford (slaves are property) and Korematsu v. United States (Japanese internment during WWII). The court was wrong in the past, it is frequently wrong today, and will almost certainly be wrong in the future.

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.

Roe v. Wade, 1973 The Constitutionally implied right to privacy protects a woman’s choice in matters of abortion. Norma McCorvey sought an abortion in Texas, but was denied under state law. The Court struck down that law, on grounds that it unconstitutionally restricted the woman’s right to choose. The opinion set forth guidelines for state abortion regulations; states could restrict a woman’s right to choose only in the later stages of the pregnancy. Later modified but not overruled, the decision stands as one of the Court’s most controversial.

The Bush administration caught a break when the Supreme Court handed down a compromise on June 29. Ruling 5–4, the justices preserved key portions of the Pennsylvania law but also upheld Roe, striking down the portion of the Abortion Control Act that placed an “undue burden” on the mother’s efforts to seek an abortion, which was just the spousal notification requirement. The court also overturned the trimester standard governing abortion restrictions in favor of the looser concept of “viability.” Sandra Day O’Connor, writing the majority opinion, expressed a degree of exasperation with the Republican administration’s continued efforts to attack Roe: “Liberty finds no refuge in a jurisprudence of doubt. Yet 19 years after our holding that the Constitution protects a woman’s right to terminate her pregnancy in its early stages, Roe v. Wade, 410 U. S. 113 (1973), that definition of liberty is still questioned. Joining the respondents as amicus curiae, the United States, as it has done in five other cases in the last decade, again asks us to overrule Roe.” Justice O’Connor’s opinion also included a good deal of concern for the institutional damage that would happen if the court were politically whipsawed to overturn the settled precedent of Roe: “A decision to overrule Roe’s essential holding under the existing circumstances would address error, if error there was, at the cost of both profound and unnecessary damage to the Court’s legitimacy, and to the nation’s commitment to the rule of law. It is therefore imperative to adhere to the essence of Roe’s original decision, and we do so today.” In his dissent, Chief Justice William Rehnquist complained that the court had rendered Roe a “facade” and replaced it with something “created largely out of whole cloth” and “not built to last.” “Roe v. Wade stands as a sort of Potemkin village,” Rehnquist wrote, “which may be pointed out to passers-by as a monument to the importance of adhering to precedent.

Another aspect of my criticism: the image you get from reading the Roe v. Wade opinion is it’s mostly a doctor’s rights case—a doctor’s right to prescribe what he thinks his patient needs. And the images of the doctor and the little woman—it’s never the woman alone. It’s always the woman in consultation with her doctor. My idea of how choice should have developed was not a privacy notion, not a doctor’s right notion, but a woman’s right to control her own destiny, to be able to make choices without a Big Brother state telling her what she can and cannot do.