The late Supreme Court Justice Harry A. Blackmun, the author of Roe V.
Wade, left instructions that his entire private file, consisting of more than
1500 boxes and 500,000 items spanning more than 60 years be made available to
the public on the fifth anniversary of his death. When that occurred in late
March 2004, a relatively small number of lawyers, journalists and researchers
requested permission to review the files at the Madison Building of the Library
of Congress in Washington, DC.
Priests for Life reviewed the contents of the entire file. Our pastoral
associate, Dr. Paul Schenck, personally read hundreds of pages of Blackmun’s
notes, observations, draft opinions, memos from his staff, clerks and lawyers,
and correspondence with his friends, colleagues and the public.
What emerged was a dramatic portrait of a man on a mission. In an oral
history given to one of his former clerks in the summer of 1995, Blackmun began
revealing his true motives behind Roe V. Wade. In one telling sentence he says,
"I think it (Roe) was right in 1973, I think it is right today. It’s a step that
had to be taken as we go down the road toward the full emancipation of women."
He then added, quoting Ambassador Sol Linowitz, "Do you want to be just
another Supreme Court justice and be there for ten or fifteen years, write a few
opinions and be forgotten, or do you want to be remembered?"
This was the first hint that Blackmun began with the idea that abortion had
to become legal, and that he would play an important role in bringing that
about. What the Blackmun papers show is that the highly controversial finding of
Roe v. Wade was not the product of unbiased legal reasoning, but one man’s
crusade to make abortion abundantly available in the US.
In a personal history dictated shortly before he died, Blackmun observed that
he was up against "The ancient attitudes of … the Roman Catholic Church," and
the Mormon Church, the Missouri Synod Lutherans, conservative Protestants, and
most of the so-called Born Again Christians.
Attorneys, historians, and Constitutional scholars on both sides of the
abortion controversy admit that Roe was poorly reasoned. That s what happens
when the focus is on an anti-religious crusade for social change rather than on
Fr. Clifford Stevens has done an immense amount of Constitutional research
into how Roe v. Wade can be overturned. In his correspondence with one of the
Justices currently on the Court, he was told that it was not the arguments that
would change the decision, but rather having the right people on the bench.
Pro-abortion members of the US Senate agree, which is why they have blocked,
by unprecedented filibusters, well-qualified nominees of the President. These
Senators are setting the stage for the Supreme Court nomination battles. The
public should pay close attention to what they are doing, and when they go to
the polls in November, they should remember Blackmun.