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The E.Newspaper By Dr. Howdy, Ph.D. A.P.E., N.U.T.
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Wednesday
One Man's Shadow
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When the case, Roe v. Wade, appeared at the Supreme Court, only seven justices were involved in the original oral arguments. For this reason, the case was later re-argued and as the justices met in conference, Judge Harry Blackmun was assigned to write the opinion for the majority. As has already been documented, Blackmun and his colleagues were determined to "find" a right to abortion in the Constitution, and they went searching for an argument in order to make their case. The release of Blackmun's papers reveals an early readiness on his part to overthrow laws restricting abortion. In the 1971 case, United States v. Vuitch, Justice Blackmun dictated a memo to himself, indicating that he was already looking to find a right to abortion in a supposed constitutional guarantee of privacy. As reported in The New York Times, Blackmun said: "I may have to push myself a bit, but I would not be offended by the extension of privacy concepts to the point presented in the present case . . . I think I could go along with any reasonable interpretation of the problem in principles of privacy."