The landmark case of Roe v. Wade is one of the most significant court cases in American history. Decided on January 22, 1973, the case recognized a woman’s right to have an abortion under the Fourteenth Amendment to the U.S. Constitution.
In this article, we will take a closer look at the Roe v. Wade Supreme Court Justice Votes and the impact it had on American society.
The Supreme Court Justices
The Supreme Court is composed of nine justices, and in the case of Roe v. Wade, there were seven justices who voted in favor of the decision.
The seven justices who voted in favor of Roe v. Wade were:
- Harry Blackmun
- William J. Brennan Jr.
- Warren E. Burger
- Lewis F. Powell Jr.
- Thurgood Marshall
- Potter Stewart
- William O. Douglas
Only two justices voted against the decision, and they were:
- William Rehnquist
- Byron White
Harry Blackmun
Harry Blackmun was the author of the majority opinion in Roe v. Wade. He was appointed to the Supreme Court by President Richard Nixon in 1970 and served until 1994.
In his opinion, Blackmun wrote, “We, therefore, conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified and must be considered against important state interests in regulation.”
William J. Brennan Jr.
William J. Brennan Jr. was appointed to the Supreme Court by President Dwight D. Eisenhower in 1956 and served until 1990. He was known for his progressive views and was a strong supporter of individual rights.
In his concurring opinion, Brennan wrote, “The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back perhaps as far as Union Pacific R. Co. v. Botsford, 141 U.S. 250, 251 (1891), the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.”
Warren E. Burger
Warren E. Burger was appointed to the Supreme Court by President Richard Nixon in 1969 and served as Chief Justice from 1969 to 1986.
In his concurring opinion, Burger wrote, “I join the Court’s opinion because I agree that Connecticut’s interests in regulation do not sufficiently justify its infringement of the right of privacy of the woman in question.”
Lewis F. Powell Jr.
Lewis F. Powell Jr. was appointed to the Supreme Court by President Richard Nixon in 1972 and served until 1987.
In his concurring opinion, Powell wrote, “I agree with the Court’s conclusion that the right of personal privacy includes the abortion decision, but I do not think it follows that the State is prohibited from taking steps to ensure that this decision is made with full knowledge of its consequences.”
Thurgood Marshall
Thurgood Marshall was appointed to the Supreme Court by President Lyndon B. Johnson in 1967 and served until 1991. He was the first African American to serve on the Supreme Court.
In his concurring opinion, Marshall wrote, “The 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.”
Potter Stewart
Potter Stewart was appointed to the Supreme Court by President Dwight D. Eisenhower in 1958 and served until 1981. He was known for his moderate views and for being a swing vote on the court.
In his concurring opinion, Stewart wrote, “There is a constitutional right to privacy, and that right encompasses the decision of a woman to terminate her pregnancy. I think the Court today has thoroughly demonstrated that its holding is based upon factual as well as legal premises and is well within the mainstream of constitutional interpretation.”
William O. Douglas
William O. Douglas was appointed to the Supreme Court by President Franklin D. Roosevelt in 1939 and served until 1975. He was known for his liberal views and for being a strong defender of individual rights.
In his concurring opinion, Douglas wrote, “The decision whether or not to bear a child is central to a woman’s life, to her well-being and dignity. It is a decision she must make for herself. When Government controls that decision for her, she is being treated as less than a fully adult human responsible for her own choices.”
William Rehnquist
William Rehnquist was appointed to the Supreme Court by President Richard Nixon in 1971 and served as Chief Justice from 1986 until his death in 2005.
In his dissenting opinion, Rehnquist wrote, “To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment.”
Byron White
Byron White was appointed to the Supreme Court by President John F. Kennedy in 1962 and served until 1993.
In his dissenting opinion, White wrote, “I find nothing in the language or history of the Constitution to support the Court’s judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes.”
The Impact of Roe v. Wade
The decision in Roe v. Wade had a significant impact on American society. It legalized abortion in all 50 states and sparked a national debate about reproductive rights.
Proponents of the decision argue that it protects a woman’s right to choose and allows women to control their own bodies. Opponents argue that it is an infringement on the rights of the unborn and that it has led to the deaths of millions of fetuses.
Despite the controversy surrounding the decision, it has remained the law of the land for nearly 50 years.
Conclusion
The Roe v. Wade Supreme Court Justice Votes had a significant impact on American society and the debate surrounding reproductive rights. The seven justices who voted in favor of the decision recognized a woman’s right to have an abortion under the Fourteenth Amendment to the U.S. Constitution. The decision remains controversial, but it has allowed women to have control over their own bodies and has been the law of the land for nearly 50 years.