Martha Burk
Other Words / Interview
Published: Saturday 21 January 2012
January 22 marks the 39th anniversary of Roe v. Wade, which has been called the most significant of the 20th century.

Interview With Roe v. Wade Lawyer Sarah Weddington

Article image

January 22 marks the 39th anniversary of Roe v. Wade, the landmark Supreme Court decision that legalized abortion in the United States. That ruling has been called the most significant of the 20th century. Certainly it was the most significant for women.

The case was argued by a 27-year old female lawyer from Texas — Sarah Weddington, in her first appearance before the Court. Female lawyers were so rare in those days that the Supreme Court lawyers lounge didn't even have a ladies room. There were no female Supreme Court justices. Weddington faced a wall of older white men.

Almost 40 years later, Sarah Weddington is still a tireless advocate for women. She now teaches leadership at the University of Texas at Austin, writes and speaks nationwide, and continues to educate young women and men on rights and responsibilities, and the fragile nature of progress without vigilance. I took a look back (and a look forward) with her last week on my radio show, Equal Time with Martha Burk. Here are some highlights:

MB: When you argued the case, you were a young inexperienced lawyer. Were you scared?

SW: Well, yes. I cared so much about the result. I was the only person that would be allowed to speak to the Court for the plaintiffs, asking them to overturn the restrictive Texas law. So it was fear-invoking, awe-inspiring, and something you just want so much to win you can taste it.

MB: You won the case 7-2. It seems like every decision that comes out of the Court now is 5-4. Is the Court more politicized now than it was then?

SW: I think it definitely is, particularly on the issue of abortion. Now you have several judges who are very strongly in favor of Roe v. Wade, but you also have several who are strongly against. We have two women judges that we're not absolutely sure what their position is going to be. They didn't really talk about it in their confirmation hearings, and the Court hasn't had a case [on Roe] since they've been on it.

MB: You did something very unusual when you testified against Clarence Thomas. You brought a picture of a pregnant Thomas to the confirmation hearing.

SW: Yes. He had made some comments that were so outrageous and controversial, and I was trying to say that if he had ever been in the position to be pregnant, he would have much more sympathy and understanding of the way women feel when they're pregnant and don't want to be. There are so many in such dire economic straits — many couples who both have to work to take care of their families, and there is no day care. If Thomas could appreciate the position so many are in, he would understand why it should not be his decision, it should not be the government's decision. They should have a right of privacy on when to continue and when to terminate a pregnancy.

MB: Did the case hang primarily on the right to privacy?

SW: Yes. We had in our Supreme Count packets these documents from previous cases where the Supreme Court had said there is a right to privacy in the use of contraception. We were trying to get them to pull that rubber band a little wider, and say it also covers the decision of whether to continue or terminate a pregnancy. But when you argue a case before the Supreme Court you will argue anything that you think might be possible, so we had many [other possible arguments], in other words several parts of the constitution that might apply.

MB: It seems the opposition is no longer attacking the right to abortion head on — they're concentrating more on onerous restrictions — waiting periods, mandatory sonograms, clinic size requirements and the like.

SW: There is a real split in the opposition. Most of the opposition in recent years has not concentrated on making abortion illegal. They're waiting for the Supreme Court to change so they can win. [In the meantime], they want to make it unavailable. [These restrictions] belittle women and their families who try to make the best decision for their own situations.

MB: Given the Roberts court, do you believe a successful challenge will be argued on the privacy issue or will it be "fetal rights" or even "fertilized egg bills" trying to declare that eggs have the same rights as everyone else?

SW: Even that would probably have several [affirmative] votes on the Court. But the voters have turned down similar laws, most recently in Mississippi. So the voters have said there are some things you should not have the government deciding. I trust the voters on those cases more than I do the U.S. Supreme Court.

MB: Do you see the fervor in young people today? Or do they think we've got their rights won?

SW: I do see young people trying to help, supporting Planned Parenthood. But I'd say far greater numbers are having such a hard time just going to work, getting money for school and the like. So it's harder for them, but I wish somehow we could get their attention. Part of it is for young people to know what they have now that women didn't have before. We never want to go back to the way it was. And we really need the help of voters and of younger people to save their ability to make their own choices.

MB: You teach leadership at the University of Texas. If you could give only one piece of advice to young people today, what would it be?

SW: Leadership is about leaving your thumb print — a concept of trying to leave the world a better place for others. So I would say to young people, ask yourself, what can I do and how can I leave the world a better place than I found it.



Get Email Alerts from NationofChange
ABOUT Martha Burk

OtherWords contributor Martha Burk is a political psychologist, women's issues expert, and director of the Corporate Accountability Project for the National Council of Women's Organizations (NCWO). Follow her on twitter at @MarthaBurk.

Top Stories

6 comments on "Interview With Roe v. Wade Lawyer Sarah Weddington"

sue gonzalez

January 25, 2012 6:55pm

In 1972, science was unable to prove that a fetus was a human being. Now that we have ultrasound, we can, in fact, prove that a fetus has a heartbeat within days of conception. You all can applaud the fact that there is a choice for women, but you cannot negate the indefensible science that proves, that abortion stops a beating heart, therefore, abortion is, indeed, killing a human being. Not a potential human being, but, a human with a beating heart. Yes, you have the choice to kill your child. You also can choose to not get pregnant. Abortion is a crime against women, against men and against the unborn.

murray_1337

January 22, 2012 3:02pm

Just saying'

murray_1337

January 22, 2012 3:01pm

Americans are too overly concerned about Government interference into their lives. From an outsider looking in there is a great deal of fear of this in the U.S. But I guess when you have psychos running for office like in the Republican camp maybe this fear is justified!

Traveler123

January 22, 2012 10:21am

It is so sad that a nation with so much power focuses its energy on what's written on a piece of paper rather than what's in a woman's heart. Many women naturally despise the idea of abortion, but wind up with an unplanned pregnancy. What happens to them? Where is the love, the care, the solution, the compassion? Get rid of it. Forget it. You'll get over it.

I would prefer the energy was focused on the heart and not the law or the economics. I moved to South America. Abortion is illegal, but you can find it. People do it, but most families concentrate on the needs and wants of the woman. If she has issues with abortion, the baby will be taken care of. Sure some slip through the cracks. But people discuss it openly with friends or strangers without snarling at each other. People look for solutions, not convictions.

I have two natural children, had two Foster who are now grown and have four adopted. Ages are 9 to 32. I don't have a car. I eat a lot of rice. All kids the have food, shelter, clothing, medical and education. We work together and we get by.

I plead with people my own age in the US, most of whom are retired. I tell them, "There's tons of kids out there that need parents. You have a spare room. Get a 13-year-old to care for, help him or her into college. It's only five years. One day a voice will say, 'Is it OK if I call you Dad? Money can't buy the feeling.'"

They say, "Nah, I've done my part. My kids are grown and I don't want to go through that again. It's too much hassle. Those kids are the problems of the State."

I don't think the United States has a legal problem with abortion. I think it has a severe problem with compassion for other people. I'm not seeing the "United" part. I'm not seeing the "Christian" part; not on either side. Sorry.

jimsword2005@ya...

January 21, 2012 8:41pm

This is a matter of freedom given us in our constitution. Government has no reason to be involved!

AnneC.McAfee

January 21, 2012 4:10pm

Sarah Weddington deserves the thanks of millions of young women. They can choose to have children when they feel that they are ready to have them— or when they can afford to have them. Many want to wait until they finish college— or after they pay off their student loans. All legitimate reasons to wait.

I'm not in the "young women' category. In fact, I'm a great-grandmother several times over. My husband and I wanted a large family. We have 5 kids and 12 grandchildren— and, so far, 4 great-grandchildren. But the important thing is that WE HAVE A CHOICE! And that is thanks largely to Sarah Weddington.