Roe and the Importance of Judges

by Gretchen Borchelt, Senior Counsel
National Women’s Law Center

On this Roe anniversary, I’m reminded of how we got Roe in the first place: the Supreme Court. Thirty-seven years ago, seven justices (yes, 7!) recognized that the Constitution protects a woman’s decision whether or not to terminate a pregnancy. (For those Womenstake readers who are history or law geeks or just like a good read, I highly recommend Becoming Justice Blackmun, by Linda Greenhouse, which delves into the behind-the-scenes machinations of the Roe Court.)

So on this Roe anniversary, I’d like to take a minute to remind everyone of the importance of judicial nominations. We need to make sure that nominees to the federal courts support the fundamental rights and principles that are critical to women, including the right to privacy. These are lifetime positions that can mean the difference between women having the ability to decide their own personal decisions (Roe) and allowing the federal government to intrude into those decisions (Gonzales v. Carhart).

While Supreme Court nominations get the most attention -– and if rumors about Justice Stevens are to be believed, we might have one this summer -– all federal court appointments matter. After all, the Supreme Court decides fewer than 90 cases each year, meaning that the lower federal courts are the final decision-makers in most cases. 

A good way to honor Roe’s anniversary is to help NWLC ensure that judicial nominees demonstrate a commitment to protecting the rights of ordinary citizens and the progress we’ve made on civil rights and individual liberties, including Roe.