"Twenty-six-year-old Norma McCorvey, much better known as “Jane Doe,” the plaintiff in Roe v. Wade, discovered in 1969 that she was alone in a small Texas town pregnant, penniless, and forsaken. When she could not find a doctor who would perform an illegal abortion for a fee she could afford, she was put in touch with attorneys Sarah Weddington and Linda Coffee, who, although McCorvey did not know it, were ideologically motivated lawyers looking for a plaintiff to test the constitutionality of Texas’s anti-abortion laws. One of the threshold issues presented by Norma McCorbey’s situation is whether a court should have entertained a lawsuit brought in an effort to use the judiciary as an instrument of social change. Out of a concern that lawyers may stir up unnecessary litigation and engage in overreaching, misrepresentation, and invasions of privacy, lawyers have been ethically restrained from making contact with potential plaintiffs no matter how meritorious the client’s unsuspected claim for damages might be. However, out of deference to the First Amendment rights of lawyers who have a desire to further civil rights and similar political objectives, states may not discipline lawyers who take the initiative and actively solicit clients, like McCorvey, so that they can invoke a right to judicial resolution of the political questions on their minds. These suits present disputes different in kind form traditional lawsuits involving private claims put forward by lawyers who act as spokesmen for their individual clients. Furthermore, ideologically committed organizations often pay the attorneys’ fees and expenses of such litigation and in doing so, control the substantive and the procedural strategies of the litigation. The point is that by creating a public interest exception to rules limiting solicitation, courts themselves have invited, or at least accepted, the task of resolving complex social and politically important issues like abortion. But they do so without providing adequate procedures for carrying out the task."
January 1, 1970