My life

I thought then and still believe that the Court reached the right conclusion, though, as so often happens in American politics, its action sparked a powerful reaction, the growth of an active, effective national anti-abortion movement, which over time drastically reduced the practical availability of abortions in many places and drove large numbers of voters into the new right wing of the Republican Party. Regardless of what opinion polls show about voters’ positions on abortion, our national ambivalence about it means that its impact on elections depends on which side feels more threatened. For most of the last thirty years, for example, during which a woman’s right to choose has been secure, pro-choice voters have felt free to vote for or against candidates on other issues, while for anti-abortion voters, the other issues often didn’t matter. Nineteen ninety-two was an exception. The highly publicized court of appeals decision in the Webster case, narrowing the right to choose, combined with the prospect of Supreme Court vacancies in the near future, threatened and galvanized the pro-choice voters, so I and other pro-choice candidates weren’t hurt by our position that year. After I was elected, with the right to choose secure again, pro-choice suburbanites again felt free to vote for anti-abortion Republicans for other reasons, while pro-life Democrats and independents, who approved of my record on economic and other social issues, nevertheless often felt compelled to support pro-life candidates who were almost always conservative Republicans.

In 1975, I didn’t know or care much about the politics of abortion. I was interested in the Supreme Court’s herculean effort to reconcile conflicting convictions about law, morality, and life. In my opinion they did about the best they could do, lacking access to the mind of God. Whether my students agreed with me or not, I wanted them to think hard about it.

In the fall, I got a new teaching assignment: I was asked to come down to the university’s Little Rock campus once a week to teach a night seminar in Law and Society to students who worked during the day in law enforcement. I was eager to do it and enjoyed my interaction with people who seemed genuinely interested in how their work in police departments and sheriffs’ offices fit into the fabric of both the Constitution and citizens’ daily lives.

Besides teaching, I kept my hand in politics and did some interesting legal work. I was appointed to head a state Democratic Party committee on affirmative action. It was designed to assure increased participation by women and minorities in party affairs without falling into the trap of the McGovern rules, which gave us delegates to the national convention who were representative of every demographic group but often hadn’t ever really worked for the party and couldn’t get any votes. The assignment gave me a chance to travel the state meeting Democrats, both black and white, who cared about the issue. The other thing that kept me politically active was the necessity to pay off my campaign debt. I finally did it in much the way we financed the campaign, with lots of small-dollar events and with the help of some generous larger givers. I got my first $250 from Jack Yates, a fine lawyer in Ozark who, along with his partner, Lonnie Turner, had worked hard for me in the election. Jack gave me the check within two weeks after the election. At the time, I wasn’t sure where my next dollar was coming from and I never forgot it. Sadly, a couple of months after he helped me, Jack Yates died of a heart attack. After the funeral, Lonnie Turner asked me if I would take over Jack’s black-lung cases. The Nixon administration had promulgated new rules making it harder to get benefits and requiring the cases of people already receiving them to be reviewed. In many cases, the benefits were being revoked. I began to drive down to the Ozarks once or twice a week to review the files and interview the old miners, with the understanding that any pay I got would come from fees from the cases I won.

Lonnie knew I cared a lot about the issue and was familiar with how the program worked. It’s true that when the black-lung program was first implemented the evaluations were too lax and some people did get benefits who didn’t need them, but as so often happens with government programs, the attempt to correct the problem went too far in the other direction.