"There is apparently no evidence that the abortion issue had any influence on Nixon’s selection of Burger, Blackmun, Powell, or Rehnquist. By 1970, in anticipation of possible vacancies, Roy Lucas-one of the chief architects of the federal court challenges against the state abortion laws an co-counsel with Sarah Weddington in the Supreme Court in Roe-feared that he had to get an abortion case up to the Court quickly, before any Nixon appointees could swing the Supreme Court more conservatively. Historian David Garrow confirms that many believed that, with Black and Harlan gone, the Court could go 4-3 in favor of abortion (Marshall, Brennan, Stewart, Douglas), but that Powell and Rehnquist might join Burger, Blackmun and White to go 5-4 against abortion rights if the cases were argued after Powell and Rehnquist joined the Court. Antiabortion attorneys advising the attorney for Texas also believed this was a possible scenario and urged Texas to seek an extension until the two Nixon nominees could join the Court This concern was shared by Brennan’s clerks, who recorded a summary of the term in June 1972."
January 1, 1970