The Supreme Court's decision in Roe v. Wade in 1973 was a landmark ruling that legalized abortion throughout the United States. The ruling was highly controversial and remains so today, with strong opinions on both sides of the issue.
In this article, we will take a closer look at the justices who voted against Roe v. Wade and their reasons for doing so. We will also discuss the impact of the ruling and the ongoing debate surrounding abortion rights in the United States.
The Roe v. Wade case was brought before the Supreme Court in 1970 by Norma McCorvey, a pregnant woman from Texas who was seeking an abortion. The case made its way through the lower courts and eventually reached the Supreme Court, where it was argued in December 1971. The Court issued its ruling in January 1973, with a 7-2 majority in favor of Roe, legalizing abortion nationwide.
Who Voted Against Roe v. Wade
The following is a list of the Supreme Court justices who voted against Roe v. Wade in 1973:
- William Rehnquist
- Byron White
- Potter Stewart
- William H. Burger
- Harry Blackmun (concurring in part, dissenting in part)
Blackmun's concurrence in part and dissent in part means that he agreed with the Court's decision to strike down the Texas abortion law, but he did not agree with the Court's broad holding that abortion is a fundamental right protected by the Constitution.
William Rehnquist
William Rehnquist was the Chief Justice of the United States from 1986 to 2005. He was appointed by President Ronald Reagan and served on the Court for 33 years.
Rehnquist was a conservative justice who often dissented from the Court's liberal rulings. He was a strong opponent of abortion and voted against Roe v. Wade in 1973.
In his dissent in Roe v. Wade, Rehnquist argued that the Court's decision was "an exercise of raw judicial power" that was not supported by the Constitution. He also argued that the decision would have a negative impact on the lives of women and children.
Rehnquist's views on abortion were shaped by his Catholic faith. He believed that abortion was morally wrong and that the government had a legitimate interest in protecting the lives of unborn children.
Rehnquist's dissent in Roe v. Wade was joined by Justices Byron White, Potter Stewart, and Harry Blackmun (in part). The dissenters argued that the Court's decision was an unjustified expansion of judicial power and that it violated the rights of states to regulate abortion.
Byron White
Byron White was an Associate Justice of the Supreme Court of the United States from 1962 to 1993. He was appointed by President John F. Kennedy and served on the Court for 31 years.
- Conservative Justice: White was a conservative justice who often voted with the Court's conservative bloc. He was a strong opponent of abortion and voted against Roe v. Wade in 1973.
- States' Rights: White believed that the states should have the right to regulate abortion. He argued that the Constitution did not give the federal government the power to prohibit abortion.
- Judicial Restraint: White was a proponent of judicial restraint, which is the idea that judges should not make law from the bench. He believed that judges should interpret the Constitution and laws as they are written, rather than imposing their own personal views.
- Impact of Roe v. Wade: White believed that Roe v. Wade had a negative impact on the country. He argued that the decision had led to an increase in abortions and had undermined the family.
White's views on abortion were shaped by his upbringing in a devout Catholic family. He believed that abortion was morally wrong and that the government had a legitimate interest in protecting the lives of unborn children.
Potter Stewart
Potter Stewart was an Associate Justice of the Supreme Court of the United States from 1958 to 1981. He was appointed by President Dwight D. Eisenhower and served on the Court for 23 years.
Stewart was a moderate justice who often served as a swing vote in close cases. He was a strong believer in the importance of judicial restraint and was reluctant to overturn laws that had been passed by elected legislatures.
Stewart voted against Roe v. Wade in 1973, but his reasons for doing so were different from those of the other dissenters. Stewart did not believe that the Constitution prohibited abortion, but he did believe that the issue should be left to the states to decide.
In his dissent in Roe v. Wade, Stewart argued that the Court's decision was "an unwarranted intrusion into the realm of state law." He also argued that the decision would lead to an increase in abortions and would undermine the family.
Stewart's views on abortion were shaped by his upbringing in a Protestant family. He believed that abortion was a moral issue, but he also believed that it was a matter of personal choice. He did not believe that the government should interfere with a woman's right to choose whether or not to have an abortion.
William H. Burger
William H. Burger was the Chief Justice of the United States from 1969 to 1986. He was appointed by President Richard Nixon and served on the Court for 17 years.
Burger was a conservative justice who often voted with the Court's conservative bloc. He was a strong opponent of abortion and voted against Roe v. Wade in 1973.
In his dissent in Roe v. Wade, Burger argued that the Court's decision was "an unwarranted judicial intrusion into the realm of state law." He also argued that the decision would lead to an increase in abortions and would undermine the family.
Burger's views on abortion were shaped by his upbringing in a devout Catholic family. He believed that abortion was morally wrong and that the government had a legitimate interest in protecting the lives of unborn children.
Burger was also a strong believer in judicial restraint. He believed that judges should not make law from the bench, but should instead interpret the Constitution and laws as they are written. He believed that the Court's decision in Roe v. Wade was an example of judicial activism, which is when judges use their power to create new laws rather than interpret existing ones.
Harry Blackmun (concurring in part, dissenting in part)
Harry Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. He was appointed by President Richard Nixon and served on the Court for 24 years.
- Concurrence in Part: Blackmun agreed with the Court's decision to strike down the Texas abortion law, which prohibited abortions except to save the life of the mother.
- Dissent in Part: Blackmun disagreed with the Court's broad holding that abortion is a fundamental right protected by the Constitution. He believed that the states should have the right to regulate abortion, at least in the early stages of pregnancy.
- Judicial Restraint: Blackmun was a proponent of judicial restraint, which is the idea that judges should not make law from the bench. He believed that judges should interpret the Constitution and laws as they are written, rather than imposing their own personal views.
- Impact of Roe v. Wade: Blackmun was concerned about the impact that Roe v. Wade would have on the country. He believed that the decision would lead to an increase in abortions and would undermine the family.
Blackmun's views on abortion were shaped by his upbringing in a Methodist family. He believed that abortion was a moral issue, but he also believed that it was a matter of personal choice. He did not believe that the government should interfere with a woman's right to choose whether or not to have an abortion.
FAQ
Here are some frequently asked questions about the Supreme Court justices who voted against Roe v. Wade:
Question 1: Why did the justices vote against Roe v. Wade?
Answer: The justices who voted against Roe v. Wade had a variety of reasons for doing so. Some believed that the Constitution did not prohibit abortion, but that the issue should be left to the states to decide. Others believed that abortion was morally wrong and that the government had a legitimate interest in protecting the lives of unborn children.
Question 2: Who were the justices who voted against Roe v. Wade?
Answer: The justices who voted against Roe v. Wade were: William Rehnquist, Byron White, Potter Stewart, William H. Burger, and Harry Blackmun (in part).
Question 3: What was the impact of Roe v. Wade?
Answer: Roe v. Wade had a profound impact on the United States. The decision legalized abortion nationwide and led to a significant increase in the number of abortions performed each year. The decision also sparked a fierce debate over abortion rights that continues to this day.
Question 4: What are the arguments for and against Roe v. Wade?
Answer: The arguments for Roe v. Wade focus on the right to privacy and the right to make decisions about one's own body. The arguments against Roe v. Wade focus on the right to life of the unborn child and the government's interest in protecting the lives of unborn children.
Question 5: What is the current status of abortion rights in the United States?
Answer: Abortion rights in the United States are currently in a state of flux. The Supreme Court is expected to overturn Roe v. Wade in the near future, which would allow states to ban or severely restrict abortion.
Question 6: What is the future of abortion rights in the United States?
Answer: The future of abortion rights in the United States is uncertain. If Roe v. Wade is overturned, it is likely that many states will ban or severely restrict abortion. However, it is also possible that Congress could pass a law protecting abortion rights nationwide.
Closing Paragraph: The debate over abortion rights is one of the most contentious and divisive issues in American politics. There are strong arguments on both sides of the issue, and it is likely to remain a source of debate for many years to come.
In addition to the information provided in the FAQ, here are some additional tips for learning more about Roe v. Wade and the justices who voted against it:
Tips
Here are some tips for learning more about Roe v. Wade and the justices who voted against it:
Tip 1: Read the Roe v. Wade decision.
The Roe v. Wade decision is a fascinating and important piece of legal writing. It is available online and is relatively easy to understand, even for non-lawyers. Reading the decision will give you a good understanding of the legal arguments for and against abortion rights.
Tip 2: Read books and articles about Roe v. Wade.
There are many books and articles available about Roe v. Wade. Some of the most popular and informative books include: "The Roe Effect: The Backlash Against Abortion Rights and the Rise of the Religious Right" by Frederick Clarkson, "Abortion and the Law in America: Roe v. Wade and Its Aftermath" by David Garrow, and "The Right to Privacy" by Alan Dershowitz. There are also many informative articles available online.
Tip 3: Watch documentaries about Roe v. Wade.
There are also a number of documentaries available about Roe v. Wade. Some of the most popular and informative documentaries include: "Roe v. Wade" (2018), "The Janes" (2022), and "AKA Jane Roe" (2020). These documentaries provide a more personal and in-depth look at the Roe v. Wade case and its impact on the lives of the people involved.
Tip 4: Talk to people who were involved in the Roe v. Wade case.
If you have the opportunity, talking to people who were involved in the Roe v. Wade case can be a great way to learn more about it. This could include lawyers, judges, activists, and even the当事者 themselves. Talking to people who were directly involved in the case can give you a unique perspective on the events that transpired.
Closing Paragraph: Learning more about Roe v. Wade is a great way to understand the history of abortion rights in the United States and the current debate surrounding this issue. By following these tips, you can learn more about Roe v. Wade and its impact on the United States.
In addition to the tips provided above, here are some additional resources that you may find helpful:
Conclusion
The Roe v. Wade case was a landmark decision that legalized abortion nationwide in 1973. The decision was highly controversial and remains so today, with strong opinions on both sides of the issue.
The justices who voted against Roe v. Wade had a variety of reasons for doing so. Some believed that the Constitution did not prohibit abortion, but that the issue should be left to the states to decide. Others believed that abortion was morally wrong and that the government had a legitimate interest in protecting the lives of unborn children.
The Roe v. Wade decision had a profound impact on the United States. The decision legalized abortion nationwide and led to a significant increase in the number of abortions performed each year. The decision also sparked a fierce debate over abortion rights that continues to this day.
The future of abortion rights in the United States is uncertain. The Supreme Court is expected to overturn Roe v. Wade in the near future, which would allow states to ban or severely restrict abortion. However, it is also possible that Congress could pass a law protecting abortion rights nationwide.
Closing Message: The debate over abortion rights is one of the most contentious and divisive issues in American politics. There are strong arguments on both sides of the issue, and it is likely to remain a source of debate for many years to come. It is important to be informed about the issue and to understand the arguments on both sides. It is also important to be respectful of the views of those who disagree with you.