The 1973 case of Roe vs. Wade was a turning point in the question of abortion within American Society. In this case Blacknum discussed his untraditional opinion of the right of a woman’s choice, versus the compelling interest of the state. He touches on the constitutions vague examples of personal privacy, but also brings out the fact that there is no such explicit meaning in the actual constitution. He also touches on the point that the issue of abortion, or saving the lives of mothers that are in danger of dying is not a part of the states interest, he calls these “Separate and Distinct” interest. The groundbreaking facts of the case include a description of the childbirth process. This gives an intimate layout for the boundaries used to decide if the abortion should be considered legal or not.
Blacknum grew up as the eldest of his siblings. According to Greenhouse, Harry grew up during a time of war and depression, which gave him a great sense of work ethics and the ability to appreciate what he had. His young mother Theo experienced the death of two children, one of which Harry was old enough to recall. Therefore the issues of safety of a pregnant woman are images that he is familiar with in his personal life. Due to the turmoil within his home Harry experienced depression at a young age. During the development of his political career while writing for the Eight Circuit, he discusses his opinion of a “change of course” and a rapid legal change in regard to racial issues during the 1860’s. The case that he was referring to was Jones vs. Alfred H. Mayer Co., which questioned the extent of private owners restriction by ethnicity.
Even before Blacknum’s arrival to the Supreme Court he reflected a sense of confusion. Can he express the need for change that he felt, or should he follow the precedent that was laid by his forefathers? One of the first questions he asked himself upon attaining the position of Supreme Court Justice was “What am I doing here?” His...