Abortion | Roe v. Wade (1973)

Conservative Supreme Court Voted 7-2 For Roe v. Wade

The Roe v. Wade decision was supported by five Republican-appointed Justices. The five justices worked hand in hand to make the landmark ruling, with Harry Blackmun, a former counsel to the Mayo Clinic, drafting it. After a series of arguments, Lewis Powell’s element of the viability of the fetus was agreed upon. This would become the most notable characteristic of the decision. The Justices used the three-part test in the decision which stated that a fetus could not be recognized as a person until viability. It was on this foundation that the decision was made.

FOR –Warren Burger, a conservative, appointed by Republican President Richard M. Nixon was opposed to abortion and gay rights but voted to legalized abortion.

FOR – WILLIAM O. Douglas, a liberal, appointed by Democratic President Franklin D. Roosevelt voted to legalize abortion.

FOR – Thurgood Marshall, a liberal, appointed by Democratic President Lyndon Johnson voted to legalize abortion.

FOR – Lewis Powell, a conservative, appointed by Republican President Richard M. Nixon voted to legalize abortion.

FOR – Potter Stewart, a conservative, appointed by Republican President Dwight D. Eisenhower voted to legalize abortion.

FOR – Harry Blackmun, a conservative, appointed by Republican President Richard M. Nixon voted to legalize abortion.

FOR – William Joseph Brennan, Jr., a liberal, was appointed by Republican President Dwight D. Eisenhower and voted to legalize abortion.

AGAINST –William Rehnquist, a conservative, appointed by Republican President Richard M. Nixon voted against abortion.

AGAINST –Byron White, a conservative, appointed by Democratic President John F. Kennedy voted against abortion.

Gregg F. Swift, J.D.