Former Justice Blackmun Dies at 90

Retired U.S. Supreme Court Justice Harry A. Blackmun '29, the author of the controversial Roe vs. Wade decision upholding legalized abortion, died yesterday. He was 90.

Blackmun was appointed to the bench in 1970. by president Richard M. Nixon, and served until 1994. He had hip replacement surgery 10 days ago, and passed away from complications resulting from that surgery.

A strong proponent of what he called "the art as well as the science of law," Blackmun began as a self-proclaimed "strict constructionist"--unwilling to see meanings in the constitution far outside the letter of the document.

He would later transform into one of the court's most progressive jurists, winning him praise from victim's right advocacy groups and scorn from the conservatives who had originally supported his appointment.

But Blackmun said he had always remained true to himself. His own political views, he had been known to say, were always in the middle between liberal and conservative.

Blackmun's guiding light may have been this distinction: the Constitution is primarily a procedural document, guaranteeing law, order and the inviolability of right. It is not, he felt, a moral code.

"He was a true man of the people," said Climenko Professor of Law Charles J. Ogletree. "He always loved the law, and the law will love him by preserving his legacy."

Ogletree also praised Blackmun not only for his legal skills, but for the justice's unique human touch.

"He was quiet, patient man who always expressed humility. He never sought praise for his own work," he said. "He was in many ways the quintessential virtuous lawyer."

In 1973, Blackmun wrote the majority opinion is Roe vs. Wade, which asserted for women a right to abortion.

The proper role of government, he wrote, was to proclaim its neutrality in the moral dimensions of the debate.

By deduction, he wrote, the decision to terminate pregnancy was not with in the legitimate sphere of governmental action, concluding, "A right of personal privacy...is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

Yet, while Blackmun's legacy is

rooted in the Roe vs. Wade decision, his memoryextends beyond the courtroom. Friends andcolleagues recounted the devoted relationshipBlackmun shared with his wife Dorothy--whom heaffectionately called Dottie--since their 1941marriage.

"I found completely touching how connected hewas with his wife," said Nadine Strossen '72, nowpresident of the American Civil Liberties Union(ACLU).

"He'd never say `We'", she said. "He wouldalways say `Dottie and I'".

Strossen said she would always tell herstudents in her constitutional law class at NewYork Law School to visit the Supreme Courtcafeteria on their court visits.

"He always had breakfast with his law clerks,"she said. "My students always knew they shouldthey go down and talk to him [when they went tothe Supreme Court]."

Admirers said Blackmun's devotion to people'sconcerns did not end with admiring law students-itextended even to those who violently disagreedwith him. Throughout his life, in large part due to theRoe vs. Wade decision, he received around60,000 pieces of hate mail.

"Some of the letters he got wanted to blame himfor everything bad in the world. He became avillain in the minds of thousands of people,"Strossen said.

Blackmun meticulously read every one ofthem-including death threats-and Ogletree said hetook it all in stride.

"He had a sense of humor-he'd read from thepostcards during speeches," Ogletree said.

Even 26 years after the Roe decision, thelandmark ruling continues to resonate withabortion advocates. Kim Gandy, the executive vicepresident of the National Organization for Women,said Blackmun steadily became a stronger advocatefor women's rights, stressing his role in morerecent cases like J.E.B. vs. Alabama(1994), which prevents lawyers from peremptorilyremoving women from juries because of theirgender.

And while a long-time supporter of the deathpenalty, Blackmun wrote a passionate dissent inCallins vs. Collins in 1994, which decriedstate-mandated death sentences.

"From this day forward, I shall no longertinker with the machinery of death," Blackmunwrote.

Strossen argued Blackmun's dissent will beviewed by legal historians like Justice John M.Harlan's lone dissent against segregation inPlessy vs. Ferguson (1896).

"I have no doubt that future generations willpick up this dissent," Strossen said.

Ogletree characterized Blackmun's death, alongwith Justice Thurgood Marshall and Justice WilliamJ. Brennan deaths in 1993 and 1997, as the finalchanging of the Supreme Court guard.

"There is no question that the deaths are theend of an era," he said.

Life at Harvard

As an undergraduate, Blackmun sang in theHarvard Glee Club. He graduated summa cumlaude in mathematics in 1929. An imposingprofessor named Bart Leach coined Blackmun'sHarvard Law School nickname, "Ol' Blackhouse," bymisreading his name. He graduated from HarvardLaw School (HLS) in 1932. After clerking for ajudge on the U.S. Court of Appeals, Blackmunpracticed law privately for nearly two decades.

In 1959, President Dwight D. Eisenhowerappointed Blackmun to the 8th District Court ofAppeals. After being nominated by President Nixonto the Supreme Court in 1970, Blackmun began histenure on the court that summer.

"Blackmun's support for the school wasunwavering," said HLS Dean Robert C. Clark in astatement.

Blackmun was a frequent visitor to the campus.In 1982, he celebrated with friends at the 50thanniversary of his law school class. In June of1994, he delivered the Class Day remarks to theCollege. He called the Constitution "a documentaryhero that we should preserve and protect."

Blackmun is survived by his wife, his daughtersNancy, Sally and Susan and five grandchildren

rooted in the Roe vs. Wade decision, his memoryextends beyond the courtroom. Friends andcolleagues recounted the devoted relationshipBlackmun shared with his wife Dorothy--whom heaffectionately called Dottie--since their 1941marriage.

"I found completely touching how connected hewas with his wife," said Nadine Strossen '72, nowpresident of the American Civil Liberties Union(ACLU).

"He'd never say `We'", she said. "He wouldalways say `Dottie and I'".

Strossen said she would always tell herstudents in her constitutional law class at NewYork Law School to visit the Supreme Courtcafeteria on their court visits.

"He always had breakfast with his law clerks,"she said. "My students always knew they shouldthey go down and talk to him [when they went tothe Supreme Court]."

Admirers said Blackmun's devotion to people'sconcerns did not end with admiring law students-itextended even to those who violently disagreedwith him. Throughout his life, in large part due to theRoe vs. Wade decision, he received around60,000 pieces of hate mail.

"Some of the letters he got wanted to blame himfor everything bad in the world. He became avillain in the minds of thousands of people,"Strossen said.

Blackmun meticulously read every one ofthem-including death threats-and Ogletree said hetook it all in stride.

"He had a sense of humor-he'd read from thepostcards during speeches," Ogletree said.

Even 26 years after the Roe decision, thelandmark ruling continues to resonate withabortion advocates. Kim Gandy, the executive vicepresident of the National Organization for Women,said Blackmun steadily became a stronger advocatefor women's rights, stressing his role in morerecent cases like J.E.B. vs. Alabama(1994), which prevents lawyers from peremptorilyremoving women from juries because of theirgender.

And while a long-time supporter of the deathpenalty, Blackmun wrote a passionate dissent inCallins vs. Collins in 1994, which decriedstate-mandated death sentences.

"From this day forward, I shall no longertinker with the machinery of death," Blackmunwrote.

Strossen argued Blackmun's dissent will beviewed by legal historians like Justice John M.Harlan's lone dissent against segregation inPlessy vs. Ferguson (1896).

"I have no doubt that future generations willpick up this dissent," Strossen said.

Ogletree characterized Blackmun's death, alongwith Justice Thurgood Marshall and Justice WilliamJ. Brennan deaths in 1993 and 1997, as the finalchanging of the Supreme Court guard.

"There is no question that the deaths are theend of an era," he said.

Life at Harvard

As an undergraduate, Blackmun sang in theHarvard Glee Club. He graduated summa cumlaude in mathematics in 1929. An imposingprofessor named Bart Leach coined Blackmun'sHarvard Law School nickname, "Ol' Blackhouse," bymisreading his name. He graduated from HarvardLaw School (HLS) in 1932. After clerking for ajudge on the U.S. Court of Appeals, Blackmunpracticed law privately for nearly two decades.

In 1959, President Dwight D. Eisenhowerappointed Blackmun to the 8th District Court ofAppeals. After being nominated by President Nixonto the Supreme Court in 1970, Blackmun began histenure on the court that summer.

"Blackmun's support for the school wasunwavering," said HLS Dean Robert C. Clark in astatement.

Blackmun was a frequent visitor to the campus.In 1982, he celebrated with friends at the 50thanniversary of his law school class. In June of1994, he delivered the Class Day remarks to theCollege. He called the Constitution "a documentaryhero that we should preserve and protect."

Blackmun is survived by his wife, his daughtersNancy, Sally and Susan and five grandchildren