Patrick Link

“The Bush administration caught a break when the Supreme Court handed down a compromise on June 29. Ruling 5–4, the justices preserved key portions of the Pennsylvania law but also upheld Roe, striking down the portion of the Abortion Control Act that placed an “undue burden” on the mother’s efforts to seek an abortion, which was just the spousal notification requirement. The court also overturned the trimester standard governing abortion restrictions in favor of the looser concept of “viability.” Sandra Day O’Connor, writing the majority opinion, expressed a degree of exasperation with the Republican administration’s continued efforts to attack Roe: “Liberty finds no refuge in a jurisprudence of doubt. Yet 19 years after our holding that the Constitution protects a woman’s right to terminate her pregnancy in its early stages, Roe v. Wade, 410 U. S. 113 (1973), that definition of liberty is still questioned. Joining the respondents as amicus curiae, the United States, as it has done in five other cases in the last decade, again asks us to overrule Roe.” Justice O’Connor’s opinion also included a good deal of concern for the institutional damage that would happen if the court were politically whipsawed to overturn the settled precedent of Roe: “A decision to overrule Roe’s essential holding under the existing circumstances would address error, if error there was, at the cost of both profound and unnecessary damage to the Court’s legitimacy, and to the nation’s commitment to the rule of law. It is therefore imperative to adhere to the essence of Roe’s original decision, and we do so today.” In his dissent, Chief Justice William Rehnquist complained that the court had rendered Roe a “facade” and replaced it with something “created largely out of whole cloth” and “not built to last.” “Roe v. Wade stands as a sort of Potemkin village,” Rehnquist wrote, “which may be pointed out to passers-by as a monument to the importance of adhering to precedent.”
― John Ganz, When the Clock Broke: Con Men, Conspiracists, and How America Cracked Up in the Early 1990s