"The proceedings were almost over but first the intellectually indefatable Justice Goldberg had one more question for the plaintiff’s attorneys. What, he asked, would happen if only district Attorney Henry Wade were enjoined to stop prosecuting illegal abortionists? Would every other district attorney in the state also be prevented from enforcing the law, or would they be free to go ahead with prosecutions? Only Henry Wade had been mentioned in the court documents; none of the other district attorneys throughout the state had been cited. Stunned at the implications of what she was hearing, Weddington asked Justice Goldberg to repeat the question. Then she answered: “It was my understanding that since the attorney general’s office had chosen to come in, and since they are now a party-defendant to the suit-“ Justice Goldberg interrupted: “Are they a party=defendant?” “Well, I thought by-“ Judge Hughes jumped into the fray. “I don’t believe they have intervened.” Turning to Floyd, she asked, “Has the state intervened?” Floyd jumped to his feet and practically shouted, “No!” John Tolle also leapt up and said, “If the court please, I believe we can cite another example. In the Buchanan case, the court’s injunction ran against Henry Wade only, and I don’t think it binds anyone else.” Goldberg turned back to Weddington and asked: “Do you have any response to that?” She replied, “We goofed.” It was another bad note on which to end the arguments."
Roe v. Wade

January 1, 1970

Quote Details

Added by wikiquote-import-bot
Added on April 10, 2026
Unverified quote
0 likes
Original Language: English

Sources

p.150

https://en.wikiquote.org/wiki/Roe_v._Wade