crazylibertarian Loc: Florida by way of New York & Rhode Island

January 22 is the 49th anniversary of the Roe vs. Wade decision that overturned all state laws that had outlawed abortion. Hawaii, New York, Alaska and Washington had already legalized abortion.

That decision was based upon a discovery of a right to privacy, a right not mentioned in the Constitution but possibly one that exists by exclusion in the Tenth Amendment. That would be ironic since for decades the federal government stomped on states’ rights and had ignored right to privacy. Also ignored was any right to privacy, the fetus may have hand.

The majority decision was written by Associate Justice Harry Blackmun who had come to the Supreme Court after Richard Nixon’s two earlier nominees, Clement Haynsworth and George Carswell had been rejected by the Senate.

Haynsworth was opposed by union and civil rights groups due to his record. In addition, as it turned out, he had made a decision that favored The Brunswick Company, a manufacturer of bowling and billiards equipment. After he made the decision but before it was announced, he authorized his stock broker to purchase a bloc of Brunswick bonds. Liberals howled and gnashed their teeth about it, claiming it was unethical and the nomination was defeated.

Among those voting against it was Ted Kennedy, who was in the middle of his drive to frustrate justice during the Chappaquiddick investigation that resulted when he left a 29 year old girl to die in his overturned car that he had driven off a bridge. Shame never stopped Ted.

Carswell was defeated, on grounds of mediocrity, when people noticed that a large number of his decisions were overturned on appeal. Blackmun was nominated and confirmed and Roe. vs. Wade resulted.

I was astounded that with Haynsworth’s rejection, Republicans should have held Stephen Breyer to the same level. As for Sonia Sotomayor vs. Carswell, res ipsa loquitor.