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Rise Up for Roe

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Rise Up for Roe is a political action conference and rally tour to defend abortion rights in the United States. The ten-city tour began on August 11, 2018 in New York City.[1] The events are organized by a partnership between Demand Justice, Planned Parenthood, and NARAL Pro-Choice America.[2]

Background[edit]

Roe v. Wade[edit]

In June 1969, 21-year-old Norma McCorvey discovered she was pregnant with her third child. Texas statute allowed abortion only ”for the purpose of saving the life of the mother”. She attempted to obtain an Illegal abortion, but found that the unauthorized facility had been closed down by the police. Eventually, she was referred to attorneys Linda Coffee and Sarah Weddington.[3][4] In 1970, Coffee and Weddington filed suit in the United States District Court for the Northern District of Texas on behalf of McCorvey (under the alias Jane Roe). The defendant in the case was Dallas County District Attorney Henry Wade, who represented the State of Texas.[5][6]

On June 17, 1970, a three-judge panel of the District Court, consisting of Northern District of Texas Judges Sarah T. Hughes, William McLaughlin Taylor Jr. and Fifth Circuit Court of Appeals Judge Irving Loeb Goldberg, unanimously[7] declared the Texas law unconstitutional, finding that it violated the right to privacy found in the Ninth Amendment. In addition, the court relied on Justice Arthur Goldberg's 1965 concurrence in Griswold v. Connecticut. The court, however, declined to grant an injunction against enforcement of the law.[8]

Roe v. Wade reached the Supreme Court on appeal. Despite the retirement of Justices Hugo Black and John Marshall Harlan II before the Court could hear the oral arguments, the Court move forward as scheduled. Oral arguments were offered the full Court for December 13, 1971.[9]

After a first round of arguments, all seven justices tentatively agreed that the Texas law should be struck down, but on varying grounds.[10] Burger assigned the role of writing the Court's opinion in Roe (as well as Doe) to Justice Harry Blackmun, who began drafting a preliminary opinion that emphasized what he saw as the Texas law's vagueness.[11] (At this point, Black and Harlan had been replaced by Justices William Rehnquist and Lewis F. Powell Jr., but they arrived too late to hear the first round of arguments.) But Blackmun felt that his opinion did not adequately reflect his liberal colleagues' views.[12] In May 1972, he proposed that the case be reargued. Justice William O. Douglas threatened to write a dissent from the reargument order (he and the other liberal justices were suspicious that Rehnquist and Powell would vote to uphold the statute), but was coaxed out of the action by his colleagues, and his dissent was merely mentioned in the reargument order without further statement or opinion.[13][14] The case was reargued on October 11, 1972. Weddington continued to represent Roe, and Texas Assistant Attorney General Robert C. Flowers replaced Jay Floyd for Texas.[citation needed]

Blackmun continued to work on his opinions in both cases over the summer recess, even though there was no guarantee that he would be assigned to write them again. Over the recess, he spent a week researching the history of abortion at the Mayo Clinic in Minnesota, where he had worked in the 1950s. After the Court heard the second round of arguments, Powell said he would agree with Blackmun's conclusion but pushed for Roe to be the lead of the two abortion cases being considered. Powell also suggested that the Court strike down the Texas law on privacy grounds. Justice Byron White was unwilling to sign on to Blackmun's opinion, and Rehnquist had already decided to dissent.[15]

The Court issued its decision on January 22, 1973, with a 7-to-2 majority vote in favor of Roe. Justices Burger, Douglas, and Stewart filed concurring opinions, and Justice White filed a dissenting opinion in which Justice Rehnquist joined. Burger's, Douglas's, and White's opinions were issued along with the Court's opinion in Doe v. Bolton (announced on the same day as Roe v. Wade). The Court deemed abortion a fundamental right under the United States Constitution, thereby subjecting all laws attempting to restrict it to the standard of strict scrutiny.[16]

Subsequent years[edit]

Brett Kavanaugh Supreme Court nomination[edit]

Tour locations[edit]

New York[1][17][18][edit]

Boston[19][20][edit]

Portland[21][edit]

Reactions[edit]

References[edit]

  1. 1.0 1.1 Zogbi, Emily (2018-08-11). "Chelsea Clinton takes on Brett Kavanaugh at pro-choice event". Newsweek. Retrieved 2018-08-16.
  2. Holter, Lauren. "The "Rise Up For Roe" Tour Will Bring The Battle Over Trump's SCOTUS Pick To You". Bustle. Retrieved 2018-08-16.
  3. McCorvey, Norma and Meisler, Andy. I Am Roe: My Life, Roe V. Wade, and Freedom of Choice (Harper Collins 1994).
  4. Friedman Goldstein, Leslie (1994). Contemporary Cases in Women's Rights. Madison: The University of Wisconsin. p. 15. Search this book on
  5. Richard Ostling. "A second religious conversion for 'Jane Roe' of Roe vs. Wade" Archived 2008-02-20 at the Wayback Machine, Associated Press (1998-10-19): "She confessed that her tale of rape a decade before had been a lie; she was simply an unwed mother who later gave the child up for adoption."
  6. McCorvey, Norma. Testimony to the Senate Subcommittee on the Constitution, Federalism and Property Rights (1998-01-21), also quoted in the parliament of Western Australia (PDF) (1998-05-20): "The affidavit submitted to the Supreme Court didn’t happen the way I said it did, pure and simple." Retrieved 2007-01-27
  7. Roe v. Wade, 314 F. Supp. 1217, 1221 (N.D. Tex. 1970) ("On the merits, plaintiffs argue as their principal contention that the Texas Abortion Laws must be declared unconstitutional because they deprive single women and married couple of their rights secured by the Ninth Amendment to choose whether to have children. We agree.").
  8. O'Connor, Karen. Testimony before U.S. Senate Judiciary Committee, "The Consequences of Roe v. Wade and Doe v. Bolton", via archive.org (2005-06-23). Retrieved 2007-01-30
  9. Greenhouse 2005, p. 80
  10. Greenhouse 2005, p. 81
  11. Schwartz 1988, p. 103
  12. Greenhouse 2005, pp. 81–88
  13. Garrow 1994, p. 556
  14. Greenhouse 2005, p. 89
  15. Greenhouse 2005, pp. 93–95
  16. Although abortion is still considered a fundamental right under current jurisprudence, subsequent cases, notably Planned Parenthood v. Casey, Stenberg v. Carhart, and Gonzales v. Carhart have affected the legal standard.
  17. "Chelsea Clinton: Roe v. Wade was a boon to U.S. economy". The Washington Times. Retrieved 2018-08-16.
  18. Garza, Frida. "In Rise Up for Roe, Our Stories Are Supposed to Save Us". The Slot. Retrieved 2018-08-16.
  19. "Warren: Kavanaugh would crush women with Roe v. Wade loss". Retrieved 2018-08-16.
  20. Sullivan, Mark. "Campaign Notebook: Warren's campaign sidesteps abortion tweet". telegram.com. Retrieved 2018-08-16.
  21. "Rallies, ads won't sway Collins on court nominee, aide says". Bangor Daily News. Retrieved 2018-08-16.

Sources[edit]


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