Roe v. Wade Reargued - Oral Arguments - Part 3 (1972)

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Uploaded by on Aug 3, 2010

October 11, 1972 http://www.amazon.com/gp/redirect.html?ie=UTF8&location=http%3A%2F%2Fwww.... Watch the full program: http://thefilmarchived.blogspot.com/2010/10/us-supreme-court-roe-v-wade-rearg...

A Gallup poll conducted in May 2009 indicates that a minority of Americans, 37%, believe that abortion should be legal in any or most circumstances, compared to 41% in May 2008. Similarly, an April 2009 Pew Research Center poll showed a softening of support for legal abortion compared to the previous years of polling. People who said they support abortion in all or most cases dropped from 54% in 2008 to 46% in 2009.

In contrast, an October 2007 Harris poll on Roe v. Wade asked the following question:
" In 1973, the U.S. Supreme Court decided that states laws which made it illegal for a woman to have an abortion up to three months of pregnancy were unconstitutional, and that the decision on whether a woman should have an abortion up to three months of pregnancy should be left to the woman and her doctor to decide. In general, do you favor or oppose this part of the U.S. Supreme Court decision making abortions up to three months of pregnancy legal? "

In reply, 56 percent of respondents indicated favor while 40 percent indicated opposition. The Harris organization concluded from this poll that "56 percent now favors the U.S. Supreme Court decision." Pro-life activists have disputed whether the Harris poll question is a valid measure of public opinion about Roe's overall decision, because the question focuses only on the first three months of pregnancy. The Harris poll has tracked public opinion about Roe since 1973:

Regarding the Roe decision as a whole, more Americans support it than support overturning it. When pollsters describe various regulations that Roe prevents legislatures from enacting, support for Roe drops.

Opposition to Roe on the bench grew when President Reagan—who supported legislative restrictions on abortion—began making federal judicial appointments in 1981. Reagan denied that there was any litmus test: "I have never given a litmus test to anyone that I have appointed to the bench.... I feel very strongly about those social issues, but I also place my confidence in the fact that the one thing that I do seek are judges that will interpret the law and not write the law. We've had too many examples in recent years of courts and judges legislating."

In addition to White and Rehnquist, Reagan appointee Sandra Day O'Connor began dissenting from the Court's abortion cases, arguing in 1983 that the trimester-based analysis devised by the Roe Court was "unworkable." Shortly before his retirement from the bench, Chief Justice Warren Burger suggested in 1986 that Roe be "reexamined"; the associate justice who filled Burger's place on the Court—Justice Antonin Scalia—vigorously opposed Roe. Concern about overturning Roe played a major role in the defeat of Robert Bork's nomination to the Court in 1987; the man eventually appointed to replace Roe-supporter Lewis Powell was Anthony M. Kennedy.

The Supreme Court of Canada used the rulings in both Roe and Doe v. Bolton as grounds to find Canada's federal law restricting access to abortions unconstitutional. That Canadian case, R. v. Morgentaler, was decided in 1988.

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  • Did they actually tape record Supreme Court arguments back then?

  • Thank you for posting this, thefilmarchive.

  • It's amazing how bad SCOTUS missed this one... I blame Griswold...

  • Justice Potter Stewart nails it at 2:18 on this video. "Impossible case, if they proved X."

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