Dick's Guide to THE SUPREME COURT

1971, May 4,  Roe v. Wade            Supreme Court Book Mall

Summary: This is just one of Dick's Guide to the Supreme Court.  This one addresses Roe v. Wade. You will also find detailed information here about The Rehnquist court, McCorvey, Pixie who renounced Roe, Webster v. Reproductive Health Services, 1989, Planned Parenthood of Southeastern Pennsylvania v. Casey, 1992, United States v. Vuitch, 1971, preservation of a  mother's life and health interferes with the imagined constitutional right to abortion, Chief Justice Warren Burger, John Harlan, Byron White, Harry Blackmun, Hugo Black,William Douglas, Black and Harlan retire, self-abortion as part of a women's right to privacy, Ninth Amendment, Robert Flowers, Sarah Weddington, the fetus as a non person, just like blacks, women's right to privacy discovered in trance as Justices see it in penumbras, radiations and shadows. Other topics about the Supreme Court as well as its cases and other topics in American history.

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Synopsis: Roe v. Wade   

The true story of the Roe v. Wade case is a story about lying woman, false cries of rape, women seeking vengeance and male judges that -- despite the work of a few activist justices with little care for the Constitution -- made, on the whole, a reasoned solution to a nearly impossible problem.

Norma McCorvey, a young woman, got pregnant in 1969.  She lied and -- to help get an abortion -- she claimed she was raped.  False claims of rape were a too often occurrence among women seeking legal help in this period of time.  Some sick women would go so far as to send men to jail by falsely claiming  rape.   Norma was in Texas in 1969 and Texas would not allow an abortion, except for cases when the mother's life was in danger.  So, despite her lie, she did not get an abortion.  Pixie (Norma McCorvey's nickname) had the baby and a lawyer by the name of Henry McCloskey, Jr. helped her place her baby -- a child she never saw -- with a family.  McCloskey, from the University of Texas Law School, introduced two young female lawyers to Pixie.  One was Sarah Weddington, who -- while in her early twenties -- had already gone to Mexico to get an abortion of her own.  The other was Linda Coffee.  Both of these women lawyers convinced Pixie help them advance their legal careers by taking her case to court.  These woman lawyers wanted to fight what they perceived as the basis of the Texas law, that allowed abortions only if needed to save the mother's life.  Killing an unborn child (a fetus) was -- to Pixie's lawyer handlers -- strictly a woman's choice, a fundamental right of a women to control her own body, regardless of what she did with her body -- including killing. Pixie became "Jane Roe" and her attorneys sued Henry Wade, the district attorney of Dallas County, Texas.  With this case, Roe v. Wade, abortion entered the national political agenda. Sarah Weddington became a media celebrity.  McCorvey, as she matured, began to realize that the support she had given to the advocates of abortion on demand were wrong.  I'm not sure what happened to Linda Coffee.  But, the decision in Roe v. Wade has become one of the most grossly misunderstood cases in America's history.  It did NOT legalize abortion.  It did not confirm a women's right to abortion strictly by her own choice -- except in the first three months of pregnancy.  The case began with a lie, and its ramifications are distorted by still more lies.

To understand what Roe v. Wade really did it is necessary to consider legal reasoning and other cases subsequent and prior to it. 

Legal reasoning is what judges do to justify their decisions.  Sometimes their legal reasoning begins with the laws and the Constitution and previous cases.  From these they develop a decision on the case.  These types of judges are called Constructionists.  For other -- less honorable -- judges, legal reasoning begins with what decision they want to make.  Previous court decisions, the law and the United States Constitution are merely used as tools to be twisted and interpreted to justify the pre-made decision.  For these judges, legal reasoning becomes mere sophistry, an effort of diving auras and penumbras from past decisions and the Constitution.  Stephen Breyer is an example of a sophist judge, as is Janet Reno.  Stephen Breyer openly admitted, in court, during the Gore v. Bush election arguments of 2000, that he was biased towards Gore.  The prejudices of this judge, who would ignore the Constitution to help his pal Al Gore can be read about right here.  In polite terms, Judges like Breyer and Reno -- who are also the richest judges on the Supreme Court -- are referred to as activists.

Just one month before the Court decided to hear Roe v. Wade the Justices had upheld a Washington DC statute that prohibited abortions, except for those that were needed for the preservation of the mother's life or health. But the vote had been close (5-4) in this United States v. Vuitch case.  Chief Justice Warren Burger, John Harlan, Byron White, Harry Blackmun and Hugo Black voted for the DC law as not being too vague. William Douglas dissented because he thought the term "health" was too vague.  By the time the Court actually got to hear Roe v. Wade two of the Justices who had been in the majority in Vuitch had retired, Harlan and Black.  Neither of them were advocates of killing fetuses at the whim of any pregnant woman at any time.  Now, until new Justices were appointed, there were only 7 Justices on the Supreme Court, a majority of whom had been willing to allow abortionists like Vuitch to practice.  A few years later Vuitch managed to kill a 17 year old girl during one of his abortion procedures aimed at preserving the life or health of the mother.  For more information on this butchered abortion click here.

The depleted Burger Court heard arguments on Roe v. Wade December 13, 1971. Burger asked if this wasn't the same as the Vuitch case.  Weddington explained she felt the Texas law was more restrictive than the DC law, that it burdened poor women who could not go to more liberal states to get their abortions and that Texas law made no sense.  Texas law looked at abortion done by a doctor as murder, but self-abortion by a woman was never considered a crime.  Jay Floyd, the assistance attorney general of Texas argued that women already had a choice on what they would do with their bodies, but that choice was exercised when they participated willingly with a man to create a child.  He also said that women made a choice when they decided to live in Texas, under the laws of Texas. Justices Thurgood Marshall and Potter Stewart got into the fact that Texas was somehow considering the fetus a human life and -- if it was -- how could they allow self-abortionists to go unpunished.  Jay Floyd did not have a persuasive answer.

In fact, neither side had convincing arguments and the Court eventually decided to wait until the court was at full strength and then asking the two sides to come back with better arguments. However, during the Court discussions, William Douglas noted that he felt the Texas law invaded a "women's right to privacy" and William Brennan and Stewart agreed.  White pointed out, correctly, that there was no right to privacy in the Constitution.  This did not persuade those justices who saw clearly, in the foggy penumbra and dazzling emanations from the Constitution, the hidden shadows of  a "women's right to privacy".  For a while it appeared that the seven Justices might find for Roe, on the basis of the vagueness of the Texas Law (even though most wanted to decide against the law on the basis of it violating the unwritten shadows of "a women's right to privacy."  By this time Rehnquist and Lewis Powell were on the Supreme Court and they also felt the case should be reargued.  Despite the rage of William Douglas, whose passion was afire with the radiations from the Constitution's shadowy penumbra, the majority of Court decided it would be best to wait for a full 9 Justices to hear the case.  Douglas was beside himself.  He was sure Rehnquist and Powell would not be able to see the penumbras in the shadows.  (Note:  If all this seems silly, I agree.  But "shadows", "radiations" and "penumbras" are really the words the Justices used to justify this decision -- as well as others.  Finding basic rights in shadows, radiations and penumbras is what is called (un-laughingly) legal reasoning by Judges who cannot find anything written to support their decisions..

On October 11, 1972 a full court heard the case.  Sarah was back to argue, but Jay was replaced by Robert C. Flowers, assistant attorney general of Texas. Both lawyers were barraged with the question "is the fetus a person."  It was clear that the answer to this question -- which neither side could give -- would be the key to the court's decision.  And the court did base its decision on its own Solomon-like definition of different phases during the life of a fetus.

Blackmun wrote the final opinion.  It struck down the abortion law, but not on the basis of vagueness.  The ethereal "right to privacy" prevailed, even though the Justices could not agree on where it was.  Blackmun wrote, "This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."  While the Justices may have been smoking something while they were seeing things in the firmament, they went on to make some intelligent decisions.  First of all, despite the lies of feminists, who chose statements like that above removed from the context of the entire decision, this case did NOT legalize abortion on demand, except during the first three months of pregnancy, when a woman and her doctor would be the only decision makers.  During the last three months of pregnancy each state, like Texas, had the compelling interest in preserving the life of the unborn.  During the middle three months "the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health."

So, despite the ravings of the anti-life crowd, Roe vs. Wade made it clear that states could regulate abortions, to protect the unborn child, during the last three months of a woman's pregnancy.  Dishonest lawyers and feminists have actually argued that abortion at birth (so-called partial birth abortions) were allowed by Roe v. Wade.  It's hard to know of these arguments were spurred on by ignorance, dishonesty, or too much of what the Supreme Court Justices were smoking when they saw the shadowy radiations in the Constitution's penumbras.

Next: see Roe vs. Wade getting further restricted at Last Breaths of Roe v. Wade.

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More Supreme Court Resources

Storm Center, David M. O'Brien.  Norton. Fifth Edition  Click here for Storm Center, price $23.45

Reason in Law.  Lief F. Carter and Thomas Burke. 2002 Longman.  Sixth edition. Click here for textbook binding, 1999 (fifth edition) at $37.40 - used books less

http://supct.law.cornell.edu/

http://ls.wustl.edu

http://findlaw.com/

http://www.c-span.org/

The Federalist Papers.  Hamilton, Madison and Jay.  Click here to get the federalist papers downloaded for just $2.65  Click here for a paperback copy of the Federalist Papers for $5.35

Seven Habits of Highly Effective People  (so you can effectively learn about the Supreme Court, or anything else) should be used in conjunction with First Things First.  Click here to buy Seven Habits for $4.96 and Click here to buy First Things First for $11.20

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More American History Resources

Dick's Guide to a Free College Level Course in American History since 1865

1215 Magna Carter

Patriarcha

Leviathan

English Constitution

1688 Glorious Revolution

1786 Federalist Papers 45 and 46 by James Madison explaining why the proposed federal government would not exceed the powers of the State governments

1788  The USA was founded as a Christian government

1863 Reconstruction

President Lincoln and President Johnson's views of Reconstruction

1865 Republican Radicals

1866 The Fourteenth Amendment

1867 Congress Took Charge of Reconstruction

1870 The Fifteenth Amendment

1870 After The Civil War and Reconstructior

1869-76 Grant as President and the Hayes/Tilden debacle

1876 The Dirty Politics of The Industrial Age, Local, State and National

1877 Compromise; Dick's Guide to the Compromise of 1877

1880-1913 The USA Becomes an Industrial Giant by 1900

1880-1913 American Society in the Industrial Age

1916 Sykes-Picot Agreement leads to World War II, Dick's Guide to American History

1917 Post World War I, Society and Culture: Change and Adjustment

1917 Urban and Rural Conflicts After World War I (The Great War)

1921-1933  The New Era: 1921-1933

1933 The New Deal: 1933-1941

1936 The Election of 1936, FDR beats Landon, 60% of popular vote, 98% of electoral

 1937 FDR takes on Supreme Court; loses fights with nine old judges and loses to stack court

 1944-45 Yalta and Potsdam

 1945  Post World War II society - The Baby Boomers

 1946 America's Post World War Containment Policy directed at Soviet Expansionism

 1947 The Marshall Plan was created during the Truman Years

 1948 The Election of 1948, Truman beats Thomas Dewey and Strom Thurmond's Dixiecrats

 1950 The Korean War

 1950 McCarthyism

 1951 Truman sets up a Loyalty Review Board in 1951 to fight Communism at home

 1952 Dwight D. Eisenhower  

1992 Bill Clinton

1998 President Clinton Acts as a Role Model for American Men

2001 Lying, adulterous womanizing Congressman Condit apologizes (sort of)

GENERAL TOPICS

America's Lost Limited Government, King Kong Federalism:

Dick's Guide to American History Biographies

American History, Free College Level Course  (Old Version, but it does have many links missing in the version above)

American Nation (The) by John A. Garraty  

American History Educational Resources on the WWW

Clinton, Bill  Acts as a Role Model

Lincoln, Abraham - Online                                      

Politician Scandals before the 1990's

Presidents in the 19th Century

Presidents in the 20th Century

Bill Clinton's Presidency

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