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Encyclopedia > Harry Blackmun
Justice Harry Blackmun
Justice Harry Blackmun

Harry Andrew Blackmun (November 12, 1908March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. He is best known as the author of the majority opinion in the 1973 Roe v. Wade decision, overturning laws restricting abortion in the United States. Image File history File links http://lcweb2. ... Image File history File links http://lcweb2. ... November 12 is the 316th day of the year (317th in leap years) in the Gregorian Calendar, with 49 days remaining. ... 1908 is a leap year starting on Wednesday (link will take you to calendar). ... March 4 is the 63rd day of the year in the Gregorian Calendar (64th in leap years). ... 1999 (MCMXCIX) is a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... Associate Justices of the United States Supreme Court are the members of that court other than the Chief Justice. ... 1970 (MCMLXX) was a common year starting on Thursday. ... 1994 (MCMXCIV) was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ... Holding Texas laws criminalizing abortion violated womens Fourteenth Amendment right to choose whether to continue a pregnancy. ...

Contents


Early years and professional career

Harry Blackmun was born in Nashville, Illinois. He attended Harvard College on scholarship, getting a bachelor's degree in mathematics in 1929. While at Harvard, Blackmun joined Lambda Chi Alpha fraternity and sang with the Harvard Glee Club. He attended Harvard Law School (among his professors there was Felix Frankfurter), graduating in 1932. He served in a variety of positions including private counsel, law clerk, and adjunct faculty at the University of Minnesota and the St. Paul College of Law. Blackmun's practice as an attorney focused in its early years on taxation, trusts and estates, and civil litigation. Between 1950 and 1959 Blackmun served as resident counsel for the Mayo Clinic. Nashville is a city located in Washington County, Illinois. ... Harvard College is the main undergraduate section of Harvard University. ... A bachelors degree is usually an undergraduate academic degree awarded for a course or major that generally lasts three or four years. ... Wikibooks Wikiversity has more about this subject: School of Mathematics Wikiquote has a collection of quotations related to: Mathematics Look up Mathematics on Wiktionary, the free dictionary Wikimedia Commons has media related to: Mathematics Bogomolny, Alexander: Interactive Mathematics Miscellany and Puzzles. ... 1929 (MCMXXIX) was a common year starting on Tuesday (link will take you to calendar). ... Nicknames: Lambda Chis, Lamb Chops, Choppers, Lambdies Founded November 2, 1909 Founder Warren A. Cole Greek Letters ΛΧΑ Headquarters Indianapolis, IN Official Colors Purple, Green, and Gold Official Flower White Tudor Rose Symbol: Cross and Crescent Philanthropy North American Food Drive The Coat of Arms of Lambda Chi... The Harvard Glee Club is a 60-voice, all-male choral ensemble at Harvard University. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ... Justice Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was a United States Supreme Court Associate Justice. ... 1932 (MCMXXXII) is a leap year starting on a Friday. ... University of Minnesota, Twin Cities This article is about the oldest and largest campus of the University of Minnesota. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Civil litigation has at least three meanings. ... 1950 was a common year starting on Sunday (link will take you to calendar). ... 1959 (MCMLIX) was a common year starting on Thursday of the Gregorian calendar. ... The entrance to the Gonda Building in downtown Rochester. ...


Appellate bench

President Dwight David Eisenhower appointed Blackmun to the United States Court of Appeals for the Eighth Circuit on 4 November 1959. Blackmun's opinions on the circuit court level were mainly tax-related, although he wrote influential opinions about other matters, including Jackson v. Bishop (1968), which was probably the first appellate opinion to declare that physical abuse of prisoners was cruel and unusual punishment under the Constitution. Dwight David Ike Eisenhower (October 14, 1890–March 28, 1969), American soldier and politician, was the 34th President of the United States (1953–1961) and supreme commander of the Allied forces in Europe during World War II, with the rank of General of the Army. ... The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the following United States district courts: Eastern and Western Districts of Arkansas Northern and Southern Districts of Iowa District of Minnesota Eastern and Western Districts of Missouri District of Nebraska District of... November 4 is the 308th day of the year (309th in leap years) in the Gregorian calendar, with 57 days remaining. ... 1959 (MCMLIX) was a common year starting on Thursday of the Gregorian calendar. ...


He was nominated for the Supreme Court by Richard Nixon on 4 April 1970, and was confirmed by the United States Senate later the same year. Blackmun's confirmation followed contentious battles over other unsuccessful nominations forwarded by Nixon that same year, those of Clement Haynsworth and G. Harrold Carswell. Blackmun's nomination sailed through the Senate with no opposition on 17 May 1970. Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the thirty-seventh President of the United States, serving from 1969 to 1974. ... April 4 is the 94th day of the year in the Gregorian calendar (95th in leap years). ... 1970 (MCMLXX) was a common year starting on Thursday. ... Seal of the Senate The United States Senate is one of the two chambers of the Congress of the United States, the other being the House of Representatives. ... Clement Furman Haynsworth, Jr. ... George Harrold Harold Carswell (December 22, 1919 - July 13, 1992) was a Federal Judge and an unsuccessful nominee to the United States Supreme Court. ... May 17 is the 137th day of the year in the Gregorian Calendar (138th in leap years). ... 1970 (MCMLXX) was a common year starting on Thursday. ...


Early years on the Supreme Court

Blackmun, a lifelong Republican, was generally expected to adhere to a conservative interpretation of the constitution. The Court's Chief Justice at the time, Warren Burger, who had been a long-time friend of Blackmun's and for whom Blackmun served as best man at his wedding, had recommended Blackmun for the job to President Richard M. Nixon. The two were often referred to as the "Minnesota Twins" (a reference to the baseball team, the Minnesota Twins) because of their common history in Minnesota and because they so often voted together. Indeed, in 1972 Blackmun joined Burger and the other two Nixon appointees to the Court in dissenting from the Furman v. Georgia decision that invalidated all capital punishment laws then in force in the United States, and in 1976 he voted to reinstate the death penalty in 1976's Gregg v. Georgia, even the "barbaric" mandatory death penalty statutes, although in both instances he indicated his personal opinion of its shortcomings as a policy. Blackmun, however, insisted his political opinions should have no bearing on the death penalty's constitutionality. The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ... The best man is the name given to the male assistant to the bridegroom at a wedding. ... Order: 37th President Vice President: Spiro Agnew (1969–1973), Gerald R. Ford (1973–1974) Term of office: January 20, 1969 – August 9, 1974 Preceded by: Lyndon B. Johnson Succeeded by: Gerald R. Ford Date of birth: January 9, 1913 Place of birth: Yorba Linda, California Date of death: April 22... Major league affiliations American League (1901-present) Central Division (1994-present) West Division (1969-1993) Major league titles World Series titles (3) 1991 â€¢ 1987 â€¢ 1924 AL Pennants (6) 1991 â€¢ 1987 â€¢ 1965 â€¢ 1933 1925 â€¢ 1924 Central Division titles (3) 2004 â€¢ 2003 â€¢ 2002 West Division titles (4) 1991 â€¢ 1987 â€¢ 1970 â€¢ 1969 Wild... Holding The arbitrary and inconsistant imposition of the death penalty violates the Eighth and Fourteenth Amendment, and constitutes cruel and unusual punishment. ... Death Penalty World Map Key: Blue: Abolished for all crimes Green: Abolished, except for crimes committed under certain circumstances (such as crimes committed in time of war) Orange: Abolished in practice Red: Legal form of punishment Capital punishment, also referred to as the death penalty, is the execution of a... Holding The imposition of the death penalty does not, automatically, violate the Eighth and Fourteenth Amendment, lower courts judgement is affirmed. ...


Initially Blackmun was slightly less conservative than Warren Burger. In the 1971-72 term he voted with Burger in over 90 % of the cases and William Rehnquist in slightly under 90 % of the cases. He was even slightly more conservative than Lewis Powell in their first year on the court together. Official portrait of Justice Powell, 1976. ...


Blackmun and abortion

A turning point came in 1973. That year the Court's opinion in the case of Roe v. Wade which he authored was handed down. Roe invalidated a Texas statute making it a felony to administer an abortion in most circumstances. The Court's judgment in the companion case of Doe v. Bolton held a less restrictive Georgia law to be similarly unconstitutional. Both decisions were based on the right to privacy enunciated in Griswold v. Connecticut, and remain the primary basis for legal abortion in the United States. Roe caused an immediate uproar, and Blackmun's opinion made him a target for sometimes extreme criticism by opponents of abortion, receiving voluminous negative mail and death threats over the case. 1973 (MCMLXXIII) was a common year starting on Monday. ... Holding Texas laws criminalizing abortion violated womens Fourteenth Amendment right to choose whether to continue a pregnancy. ... A felony, in many common law legal systems, is the term for a very serious crime; misdemeanors are considered to be less serious. ... Doe v. ... The right to privacy is a purported human right and an element of various legal traditions which may restrain both government and private party action. ... Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. ...


In response, Blackmun became a passionate crusader for abortion rights, often delivering speeches and lectures promoting Roe v. Wade as essential to women's equality and criticizing Roe's critics. On the bench, he always voted to strike down laws interfering with women receiving abortions and filed emotional separate opinions in 1989's Webster v. Reproductive Health Services and 1992's Planned Parenthood v. Casey, warning that Roe was in jeopardy. With this shift in roles, Blackmun saw his influence on his colleagues wane: while his opinion in Roe was joined by six other justices, by Casey no other justice signed on to his opinion.


The controversial decision had a profound effect on him, and afterwards, he gradually began to drift away from the influence of Chief Justice Burger and associate justice William Rehnquist to increasingly side with liberal Justice William J. Brennan in finding Constitutional protection for unenumerated individual rights. For example, Blackmun wrote a blistering dissent to the Court's opinion in 1986's Bowers v. Hardwick, denying constitutional protection to homosexual sodomy (Burger wrote a concurring opinion in Bowers in which he said, "To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching."). Burger and Blackmun drifted apart, and their as the years passed, their lifelong friendship degenerated into a hostile and contentious relationship. In Burger's last year on the court he and Blackmun voted together in about 50% of the cases while Blackmun voted with William Brennan and Thurgood Marshall over 90% of the time. William J. Brennan, official portrait, 1976. ... Holding A Georgia law prohibiting sodomy was valid because there was no constitutionally protected right to engage in homosexual sodomy. ...


Blackmun's judicial philosophy increasingly seemed guided by Roe, even in areas where Roe was not directly applicable. His concurring opinion in 1981's Michael M. v. Superior Court, a case that upheld statutory rape laws that applied only to men but did not implicate Roe or abortion, nonetheless included extensive citation of the Court's recent abortion cases.


Later years on the bench: Blackmun and the death penalty

While it is widely believed that Blackmun grew more liberal over the years, he argued that instead the Court grew more conservative with the elevation of William Rehnquist to Chief Justice and the replacement of the last of the Warren Court justices. William Hubbs Rehnquist William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist and political figure, who served as an Associate Justice on the Supreme Court of the United States from 1972 until 1986, and as the 16th Chief Justice of the United States from 1986... Earl Warren Earl Warren (March 19, 1891–July 9, 1974) was a California district attorney, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ...


Still, Blackmun undoubtedly changed his views on many issues. For example, Blackmun voted to uphold mandatory death penalty statutes at issue in 1976's Roberts v. Louisiana and Woodson v. North Carolina, even though these laws would have automatically imposed the death penalty on anyone found guilty of first-degree murder. On February 22, 1994, he announced that he now saw the death penalty as always unconstitutional by issuing a dissent from the Court's refusal to consider the relatively routine death penalty case of Callins v. Collins, in which he famously wrote "From this day forward, I no longer shall tinker with the machinery of death." Subsequently, adopting the practice begun by Justices Brennan and Marshall, he issued in every death penalty case presented to the Court, a brief statement reiterating his Callins dissent. February 22 is the 53rd day of every year in the Gregorian Calendar. ... 1994 (MCMXCIV) was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ... William Joseph Brennan (April 25, 1906 - July 24, 1997) was an Associate Justice of the Supreme Court of the United States. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the United States Supreme Court. ...


Some commentators also call Blackmun a "sentimentalist" justice as he sometimes appealed to his own emotions in justifying opinions. In his emotional dissent in 1989's DeShaney v. Winnebago County, rejecting the constitutional liability of the state of Iowa for four-year-old Joshua DeShaney, who was beaten until brain-damaged by his abusive father, Blackmun famously opined, "Poor Joshua!" In his opinion in 1992's Planned Parenthood v. Casey, which upheld a right to abortion in principle, Blackmun lamented, "I am 83 years old. I cannot remain on this Court forever, and when I do step down, the confirmation process for my successor well may focus on the issue before us today." In his dissent in 1993's Herrera v. Collins, where the Court refused to find a constitutional right for convicted prisoners to introduce new evidence of "actual innocence" for purposes of obtaining federal relief, Blackmun argued in a section joined by no other justice that "The execution of a person who can show that he is innocent comes perilously close to simple murder." Holding A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. ...


Post-Supreme Court

Blackmun announced his retirement from the Supreme Court in April 1994, four months before he officially left the bench. By then, he had become the court's most liberal justice. April is the fourth month of the year in the Gregorian Calendar and one of four with the length of 30 days. ... 1994 (MCMXCIV) was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ...


On February 22, 1999, Blackmun fell in his home and broke his hip. The next day, he underwent hip replacement surgery at Arlington Hospital in Arlington, Virginia, but he never fully recovered. Ten days later, on March 4, he died at 1 am from complications following the procedure. He was buried five days later at Arlington National Cemetery. February 22 is the 53rd day of every year in the Gregorian Calendar. ... 1999 (MCMXCIX) is a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... Arlington County is a county located in the U.S. state of Virginia (which calls itself a commonwealth), directly across the Potomac River from Washington, DC. By an act of Congress July 9, 1846, the area south of the Potomac was returned to Virginia effective in 1847 As of 2000... March 4 is the 63rd day of the year in the Gregorian Calendar (64th in leap years). ... Arlington Cemetery Arlington National Cemetery, in Arlington, Virginia, is an American military cemetery established during the American Civil War on the grounds of Robert E. Lees home. ...


Five years later in 2004, at Blackmun's will, the Library of Congress released his voluminous files. Blackmun had kept all the documents from every case, notes the Justices passed between themselves, ten percent of the mail he received, and numerous other documents. And after Blackmun announced his retirement from the Court, he recorded a 38-hour oral history with Yale professor Harold Koh which was also released. In it, he discusses his thoughts on everything from his important Court cases to the Supreme Court piano. Some legal scholars such as David Garrow have criticized Blackmun's recollections as inaccurate and self-serving, especially his recollections of the internal deliberations on Roe v. Wade. 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Library of Congress, Jefferson building The Library of Congress is the unofficial national library of the United States. ... Yale can refer to: Yale University, one of the United States oldest and most famous universities. ... Harold Hongju Koh Categories: Stub | Korean Americans ...


The Blackmun papers also reveal Blackmun's heavy reliance on his law clerks. Blackmun was sometimes reduced to being "a clerk for his clerks," performing the menial and prosaic task of checking his clerks' citations on opinions that they had written for him, a job normally reserved for clerks. For example, Blackmun's widely-quoted dissent in 1986's Bowers v. Hardwick was written entirely by his law clerk Pamela Karlan, now a professor at Stanford. Blackmun's papers also reveal a justice who was unusually thin-skinned; he complained bitterly when one term he was assigned fewer opinions than the other justices. Holding A Georgia law prohibiting sodomy was valid because there was no constitutionally protected right to engage in homosexual sodomy. ... (The wind of freedom blows. ...


Based on these papers, Linda Greenhouse of The New York Times wrote Being Justice Blackmun. Linda Greenhouse is a reporter for The New York Times. ... The New York Times is a newspaper published in New York City by Arthur O. Sulzberger Jr. ...


Blackmun is the only Supreme Court justice to have played one in a motion picture. In 1997, he portrayed Justice Joseph Story in the movie Amistad. American jurist Joseph Story Joseph Story (September 18, 1779 - September 10, 1845), American jurist, was born at Marblehead, Massachusetts. ... Amistad (Spanish for friendship) is a 1997 Steven Spielberg movie based on a slave mutiny that took place aboard a ship of the same name in 1839. ...


References

  • Clinton, Bill (2005). My Life. Vintage. ISBN 140003003X.

External links

Wikiquote has a collection of quotations related to:
Harry Blackmun
Preceded by:
Abe Fortas
Associate Justice of the Supreme Court of the United States
June 3, 1970August 3, 1994
Succeeded by:
Stephen Breyer
The Burger Court Seal of the U.S. Supreme Court
19701971: H. Black | Wm. O. Douglas | J.M. Harlan II | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun
19721975: Wm. O. Douglas | Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist
19751981: Wm. J. Brennan | P. Stewart | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist | J.P. Stevens
19811986: Wm. J. Brennan | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | Wm. Rehnquist | J.P. Stevens | S.D. O'Connor
The Rehnquist Court
19861987: Wm. J. Brennan | B. White | T. Marshall | H. Blackmun | L.F. Powell, Jr. | J.P. Stevens | S.D. O'Connor | A. Scalia
19881990: Wm. J. Brennan | B. White | T. Marshall | H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy
19901991: B. White | T. Marshall | H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter
19911993: B. White | H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas
19931994: H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg

  Results from FactBites:
 
Harry Blackmun (414 words)
Harry Blackmun was born in Illinois on November 12, 1908.
In 1950, Blackmun became general counsel to the Mayo Clinic, where he remained until he was appointed to the United States Court of Appeals for the Eighth Circuit in 1959.
Blackmun was initially dubbed one of the "Minnesota Twins," for he and fellow Minnesotan Chief Justice Warren Burger voted alike in nearly all cases early in their careers at the Court.
  More results at FactBites »


 

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