Did You Know? Roe v. Wade Was Decided Mostly by Republican-Appointed Justices

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A surprising look at Roe v. Wade (1973), the justices behind the decision, and why the ruling didn’t follow modern political party lines.

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Roe v. Wade, Supreme Court, U.S. History, Abortion Law, Constitution, Politics, Judicial Philosophy

When people talk about Roe v. Wade today, it’s often framed as a clear partisan divide—liberal vs conservative, Democrat vs Republican. But the reality is far more complex.

In 1973, the Supreme Court of the United States issued a 7–2 decision legalizing abortion nationwide—and most of the justices in the majority were appointed by Republican presidents.

The Justices Behind the Decision

Justice Harry Blackmun authored the majority opinion, grounding the decision in a constitutional “right to privacy” (Oyez, 2023; Cornell Law School, n.d.).

Majority (7 Justices)

Harry Blackmun — appointed by Richard Nixon (Republican)

Warren E. Burger — Nixon (Republican)

Lewis F. Powell Jr. — Nixon (Republican)

William J. Brennan Jr. — Dwight D. Eisenhower (Republican)

Potter Stewart — Eisenhower (Republican)

Thurgood Marshall — Lyndon B. Johnson (Democrat)

William O. Douglas — Franklin D. Roosevelt (Democrat)

Dissent (2 Justices)

Byron White — John F. Kennedy (Democrat)

William Rehnquist — Nixon (Republican)

(Appointment data: Federal Judicial Center, n.d.)

Why Didn’t It Split Along Party Lines?

1. Judicial Philosophy Mattered More Than Party

At the time, justices often ruled based on constitutional interpretation rather than political alignment.

Harry Blackmun emphasized privacy rights

William J. Brennan Jr. expanded civil liberties

William Rehnquist dissented from an originalist perspective

(Greenhouse, 2005; O’Brien, 1993)

2. Republican Appointees Were Often Moderates

Presidents like Richard Nixon and Dwight D. Eisenhower did not appoint uniformly conservative justices by today’s standards.

Some, like Brennan, became leading liberal voices on the Court (Greenhouse, 2005).

3. Abortion Was Not Yet a Partisan Issue

In the early 1970s:

Both political parties were internally divided

The modern political alignment on abortion had not yet solidified

(Luker, 1984; Critchlow, 1999)

Long-Term Impact

The Roe decision shaped constitutional law for nearly 50 years, until it was overturned by Dobbs v. Jackson Women’s Health Organization.

Final Thought

Roe v. Wade shows that Supreme Court decisions don’t always follow political expectations.

Judicial philosophy—not party loyalty—was the defining factor in one of the most consequential rulings in U.S. history.

Sources

Cornell Law School. (n.d.). Roe v. Wade. Legal Information Institute.

Federal Judicial Center. (n.d.). Biographical Directory of Federal Judges.

Greenhouse, L. (2005). Becoming Justice Blackmun.

Luker, K. (1984). Abortion and the Politics of Motherhood.

Critchlow, D. T. (1999). Intended Consequences.

O’Brien, D. M. (1993). Storm Center.

Oyez. (2023). Roe v. Wade case summary.