"Once in office, Ronald Reagan sought to nominate candidates to the federal judiciary who would roll back liberal judicial decisions and promote his favored constitutional values, which included opposition to abortion. Not entirely coincidentally, the 1984 Republican Party platform āapplaud[ed] President Reaganās fine record of judicial appointments, and ⦠reaffirm[ed] [the party[ās] support for the appointment of judges at all levels of the judiciary who respect traditional family values and the sanctity of innocent human life.ā By the time Justice Lewis Powell retired in 1987, the Supreme Courtās original seven-person majority in Roe had swindled to four Justices who supported abortion rights: William Brennan, Thurgood Marshall, Harry Blackmun (the original author of Roe), and John Paul Stevens, who had replaced William O. Douglas in 1976. Reaganās first Supreme Court nominee, Sandra Day OāConnor, replaced Potter Stewart in 1981. OāConnor strongly criticized Roeās trimester framework in her 1983 dissent in City of Akron v. Akron Center for Reproductive Health and argued that abortion restrictions should be tested by a more lenient standard: whether they imposed an āundue burdenā on womenās ability to obtain abortions. In 1986, Reagan nominated William Rehnquist, one of the original dissenters in Roe, to become Chief Justice, replacing Warren Burger, and nominated Antonin Scalia, a vocal opponent of Roe, to fill Renquistās position as Associate Justice. These three Justices joined Byron White, the other original dissenter in Roe. To replace Powell, Reagan nominated D.C. Circuit Judge Robert Bork, an outspoken critic of Roe who championed the jurisprudence of original intention. The choice of Bork appeared to provide the crucial fifth vote to overturn Roe v. Wade. The Bork nomination produced a national controversy, and ultimately the senate failed to confirm him. Pro-choice groups mobilized to help defeat the nomination. Eventually the Senate confirmed Reaganās third nominee, Anthony Kennedy, a conservative circuit judge from California who was generally regarded as more moderate than Bork. In hindsight, the failure of the Bork nomination was a turning point in the constitutional struggles over abortion. It raised the stakes in succeeding Supreme Court nominations and showed that they could be bitter and politically costly to a president. Borkās defeat also demonstrated that pro-choice forces had considerable muscle that could be harnessed in the political arena if the public thought that abortion rights were truly threatened. It gave notice that Republican politicians might pay more heavily than they had previously believed if they tried to overturn Roe."
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Jack Balkin. Roe v. Wade Should Have Said; The Nation's Top Legal Experts Rewrite America's Most Controversial decisionā, Jack Balkin Ed. (NYU Press 2005). pp.13-14
https://en.wikiquote.org/wiki/Supreme_Court_of_the_United_States
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Supreme Court of the United States
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