A Supreme Court justice morally opposed abortion, but voted to legalize it

Retropod

The Washington Post

History, Kids & Family, Education For Kids

4.5 • 670 Ratings

🗓️ 12 July 2018

⏱️ 6 minutes

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Summary

The justice who helped persuade a majority of the Supreme Court to legalize abortion found the practice unthinkable — personally, but not constitutionally.

Transcript

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0:00.0	Hey, history lovers. I'm Mike Rosenwald with Retropod, a show about the past, rediscovered.
0:07.2	Tonight I speak to you from the East Room of the White House regarding one of the most
0:13.9	profound responsibility of the President of the United States, and that is the selection of a Supreme Court justice.
0:27.7	His choice was Brett Kavanaugh, a Conservative Appeals Court judge in Washington, D.C.
0:33.2	Almost immediately, the talking heads on cable TV were debating what the pick means for perhaps
0:38.5	the most divisive issue in the country. Abortion. Democrats view reversal of Roe v. Wade. Republicans
0:46.0	worry that two key members of their own party who support abortion rights, Senator Susan
0:51.3	Collins of Maine and Lisa Murkowski of Alaska could vote against him.
0:57.1	Kavanaugh's views on abortion aren't well known.
0:59.9	But as senators try to piece together how he might vote on that issue and others,
1:04.0	they will undoubtedly examine many facets of his career and life, including his religion.
1:12.2	Kavanaugh is Catholic and quite active in the church.
1:15.7	And the church, of course, is vehemently opposed to abortion.
1:20.5	So what does that mean?
1:22.6	Well, maybe not what you think if history is any God.
1:29.3	In late 1972, Supreme Court Justice Harry Blackman was diligently working on the landmark Roe versus Wade decision legalizing abortion.
1:38.3	It was a complicated and controversial issue, and strong voices on both sides of the issue had been vehemently arguing
1:46.1	in their positions for months.
1:49.0	When Blackman, in drafting the Majority 5-4 decision, needed help detailing the church's
1:53.8	opposition to abortion, he turned to fellow justice William J. Brennan Jr.
2:00.2	He wrote to Brennan, quote,
2:01.7	Your judgment will be most helpful.
	...

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