Introduction
Roe v Wade, decided in 1973, was a groundbreaking case that established the constitutional right to abortion in the US. The case centered around a Texas woman named Jane Roe (pseudonym for Norma McCorvey) who wanted to terminate her pregnancy but was prevented by state law. The Supreme Court ultimately ruled in favor of Roe, stating that a woman’s right to privacy under the Fourteenth Amendment extended to the choice of whether or not to terminate a pregnancy.
The decision firmly cemented the legality of abortion in the US but also sparked a decades-long debate over the issue, pitting those who believed in a woman’s right to choose against those who saw it as a violation of the sanctity of life. In this article, we aim to take a closer look at the justices who voted against Roe v Wade, examining their views and motivations in the context of the case and its aftermath.
The Anti-Roe: Meet the Justices Who Voted Against the Landmark Abortion Case
When Roe v Wade was decided, there were nine justices on the Supreme Court. Of those, four voted against the ruling:
- Harry A. Blackmun
- William H. Rehnquist
- Byron R. White
- Lewis F. Powell Jr.
Each of these justices had differing views on the role of the judiciary, personal liberty, and the morality of abortion. Let’s take a closer look at their backgrounds and positions:
Harry A. Blackmun
Harry Blackmun, who wrote the majority opinion in Roe v Wade, was initially appointed to the Supreme Court by President Nixon, a conservative Republican who had hoped Blackmun would represent his interests on the court. However, as Blackmun’s time on the court progressed, he became increasingly liberal, particularly on issues related to civil liberties and individual rights.
Blackmun’s decision to support the majority opinion in Roe v Wade likely stemmed from his belief in a woman’s right to privacy and personal autonomy. In his opinion, he argued that the Fourteenth Amendment’s Due Process Clause guaranteed a woman’s right to choose to have an abortion.
William H. Rehnquist
William Rehnquist, another conservative justice appointed by Nixon, was known for his strict interpretation of the Constitution and belief in states’ rights. Rehnquist’s dissent in Roe v Wade was primarily based on his belief that the issue of abortion should be left up to the individual states, rather than the federal government. He also argued that the Constitution did not explicitly provide for a right to privacy.
Byron R. White
Byron White, a Democrat appointed by President Kennedy, was known for his conservative views on law and order. White’s dissent in Roe v Wade was largely based on his belief that the issue of abortion was not a matter of constitutional law, but rather should be left up to the states to decide.
Lewis F. Powell Jr.
Lewis Powell, who was appointed by Nixon as well, was known for his pragmatic approach to the law and his belief in individual liberty. Powell’s dissent in Roe v Wade was primarily based on his concern that the court was overstepping its bounds by ruling on such a divisive and controversial issue, rather than leaving it up to the political process to resolve.
Roe v Wade Revisited: Examining the Justices Who Dissented
While Blackmun’s majority opinion ultimately prevailed in the Roe v Wade decision, the four dissenting justices were not without their arguments. Let’s take a closer look at some of the key points made by the dissenting justices:
States’ Rights
As we’ve mentioned, Rehnquist and White both argued that the issue of abortion should be left up to the individual states, rather than decided by the federal government. They saw the ruling in Roe v Wade as a violation of states’ rights and an overreach by the Supreme Court into the political process. This argument reflected a broader conservative pushback against the perceived centralization of power in the federal government and its encroachment on states’ sovereignty.
The Right to Privacy
Famously, Blackmun’s opinion in Roe v Wade rested largely on the concept of privacy. He argued that the right to privacy extended to a woman’s right to choose to have an abortion, and that this right was protected under the Fourteenth Amendment’s Due Process Clause. However, the dissenting justices did not agree with this interpretation of the Constitution. They argued that the Constitution did not explicitly provide for a right to privacy, and that it was not the role of the judiciary to create new rights.
The Sanctity of Life
Perhaps the most oft-cited argument against abortion is the belief that it violates the sanctity of life. While none of the dissenting justices explicitly made this argument in their opinions, it is likely that their opposition to Roe v Wade stemmed at least in part from their belief that abortion was morally wrong. For many conservatives, the issue of abortion is deeply tied to their religious and ethical beliefs, which often place a high value on the sanctity of human life and the protection of the unborn.
The Fight Over Roe: A Close Look at the Justices Who Opposed Abortion Rights
The debate over abortion rights has continued long past the Roe v Wade decision, with both sides of the issue continuing to wage a war of words and legislation in an effort to shape the legal landscape of the US. As such, it’s important to take a closer look at the justices who have taken a stance against abortion rights and examine how their views fit into their broader judicial philosophy.
Currently, there are six justices on the Supreme Court who are seen as having conservative leanings and potentially opposing abortion rights:
- Clarence Thomas
- John Roberts
- Samuel Alito
- Neil Gorsuch
- Brett Kavanaugh
- Amy Coney Barrett
Each of these justices has their own nuanced views on abortion rights, which range from outright opposition to the issue to a belief in states’ rights or a desire to limit abortion in certain circumstances. However, all six can be said to represent a potential challenge to the Roe v Wade decision and the precedent it set.
The Other Side of Roe: Who Were the Justices Who Said ‘No’?
While we’ve already touched on the dissenting justices in the Roe v Wade decision, it’s also important to look at the arguments presented by those who voted against the landmark case. Some of the key arguments made against Roe v Wade include:
The Role of the Judiciary
Many conservatives argue that the Roe v Wade decision was a prime example of judicial activism, or the belief that the Supreme Court should not be creating new rights or overriding the political process. They contend that Roe v Wade was an overreach by the judiciary and that the issue of abortion should have been left to individual states to decide.
The Sanctity of Life
As we mentioned earlier, the belief in the sanctity of life is often a key factor in opposition to abortion rights. Those who opposed the Roe v Wade decision saw it as a violation of the right to life of the unborn. They argue that the right to life is an inherent and inalienable right that should be protected by law.
The Political and Social Context
Opponents of Roe v Wade also argue that the political and social context surrounding the case has had a negative impact on the US. They argue that the decision has led to a widespread and damaging culture of abortion, which has harmed women and children and created a moral crisis in the country.
Behind the Dissent: Exploring the Reasons Why Some Justices Voted Against Roe v Wade
While we’ve touched on some of the key arguments made by the justices who dissented in Roe v Wade, it’s also important to dig deeper into their individual motivations and reasons for voting against the decision. For many of these justices, their opposition to the decision was rooted in deep-seated ethical, moral, or religious beliefs.
For example, Byron White was known for his Catholic faith and his belief in the importance of morality in the law. Lewis Powell was also religious and saw the issue of abortion as a deeply personal and ethical one. Others, like William Rehnquist, were motivated more by their belief in states’ rights and the limits of federal power.
The Minority Opinion: Understanding the Justices Who Disagreed with Roe v Wade
While the Roe v Wade decision established the constitutional right to abortion in the US, not all of the justices on the court at the time agreed with its conclusions. Some of the key arguments made by those who disagreed with the ruling include:
The Limits of Federal Power
For many conservatives, the issue of abortion is not primarily one of morality or ethics but rather of the proper use of federal power. They argue that the federal government has limited jurisdiction over matters like abortion and that the ruling in Roe v Wade overstepped those bounds.
The Importance of States’ Rights
Others who disagreed with Roe v Wade saw it as a violation of states’ rights and the principle of federalism. They believed that the issue of abortion should be decided by individual states, rather than by the federal government.
Legal and Constitutional Arguments
Finally, some justices who disagreed with the Roe v Wade decision argued on legal and constitutional grounds. They saw the decision as an example of judicial activism and an overreach by the court into political territory. They also believed that the Constitution did not explicitly provide for a right to privacy, and that the majority opinion in the case was flawed in its legal reasoning.
Conclusion
The issue of abortion rights in the US is one of the most hotly debated and partisan issues in politics today, and its roots can be traced back to the landmark Roe v Wade decision. While much has been written about the ruling itself, few have delved into the individual justices who voted against it and the rationale behind their decisions. By examining the positions and beliefs of these justices, we can gain a richer understanding of the legal, ethical, and moral complexities of the issue and why it continues to be such a divisive one in American society.
If you care about abortion rights and want to stay informed about the Supreme Court’s next moves on the issue, be sure to keep up with the latest news and developments in the case.