The Supreme Court was about to overturn Roe v. Wade, until Justice Anthony Kennedy got cold feet.
In 1992, Chief Justice William Rehnquist was in his chambers writing the majority decision in Planned Parenthood v. Casey, a case that would have overturned legalized abortion. Unbeknownst to him, that’s when Kennedy got a note from the then-Justice Harry Blackmun.
”Dear Harry,” Blackmun wrote Kennedy in a little note. ”I need to see you as soon as you have a few free moments. I want to tell you about some developments in Planned Parenthood v. Casey, and at least part of what I say should come as welcome news.”
Kennedy had planned to join the majority that Rehnquist was currently writing. But in Blackmun’s chambers in the spring of 1992, the guardian of Roe convinced Kennedy, the Reagan nominee, to do otherwise.
Kennedy flipped his vote to join with Justices Sandra Day O’Connor, David Souter, John Stevens, and Blackmun to make up the majority. Those three justices, all but two appointed by Republican presidents, preserved abortion’s legality.
While the drama behind the decision wasn’t revealed until Blackmun turned over his papers to the Library of Congress in 2004, Kennedy immediately solidified his reputation as a swing vote.
Kennedy’s retirement will immediately escalate the political and legal war over abortion. A quarter-century after Planned Parenthood v. Casey, Kennedy’s successor will make up for Kennedy’s uncertainty one way or the other.
[Also read: Trump sticking with list of 25 potential Supreme Court justices to replace Anthony Kennedy]
