Roe v. Wade nearly overturned in 1992

Pro-lifers learned March 4 how painfully close they came to seeing abortion outlawed in America just 12 years ago. Court papers released March 4 revealed the Supreme Court was ready in 1992 to overturn the Roe v. Wade ruling legalizing abortion, but Justice Anthony M. Kennedy backed out, and the vote went the other way. Internal notes in the papers of late Justice Harry A. Blackmun reveal the secretive dealings that led to the court’s ruling in Planned Parenthood v. Casey that year. Blackmun’s extensive records from 24 years on the court were opened and included documentation of the court’s deliberations of the abortion case. Details of the archives were first reported by National Public Radio, which got advance access. Blackmun’s notes show that Chief Justice William H. Rehnquist led a five-justice majority to overrule Roe. Four other justices voting with Rehnquist were Byron White, Antonin Scalia, Clarence Thomas and Kennedy. Rehnquist himself was to write the majority opinion. Kennedy, however began to have second thoughts, and agreed with Justices Sandra Day O’Connor and David Souter, to a “compromise position.” The case was argued in April and Rehnquist was at work on his majority ruling, when Kennedy revealed he would vote in favor of Planned Parenthood. The ruling ended up allowing women to have abortions, largely free from state regulation. Blackmun wrote the majority opinion for the Roe v. Wade ruling that legalized abortion in 1973. His prominent role in the ruling brought him more than 60,000 angry letters and repeated threats on his life. Blackmun, who died at age 90, served with eight of the current nine justices. Stephen Breyer was chosen as his successor in 1994.

— E.P. News