1. Joan Bethke Elshtain, “Issues and Themes: Spiral of Delegitimation or New Social Covenant?” in Michael Nelson, ed., The Elections of 1992 (Washington, DC: Congressional Quarterly Press, 1993), p. 123, n. 8.
2. Congressional Quarterly Weekly Report, August 22, 1992, p. 2567.
3. 410 U.S. 113 (1973).
4. The Supreme Court first clearly acknowledged a constitutional right of privacy in striking down a statute in Griswoldv. Connecticut, 381 U.S.479 (1965). However, a right of privacy (defined as a right of personal autonomy or personhood) was at least a peripheral concern in several decisions before Griswold. See William M. Beaney, “The Constitutional Right to Privacy in the Supreme Court,” 1962 Supreme Court Review 212.
5. Webster v. Reproductive Health Services, 492 U.S. 490 (1989). The last unequivocal victory in the Supreme Court for proponents of abortion rights was Thornburgh v. American College of Obstetricians and Gynecologists, 474 U.S. 809 (1986), in which the Court, by a vote of 5 to 4, invalidated a comprehensive Pennsylvania regulatory scheme regarding consent, information, record-keeping, determination of viability, care of the fetus, and the presence of a second physician in postviability abortions.
6. Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992).
7. In the Supreme Court’s hierarchy of values, it makes a difference when a right is denominated as “fundamental.” Government may restrict fundamental rights only when the regulation in question is “necessary” to achieve a “compelling” interest. Restrictions on liberties that are less than fundamental require correspondingly less justification.
8. 505 U.S. at 966.
9. Ibid., 943. Justice Blackmun retired from the Supreme Court in the summer of 1994.
10. Ibid., 1000–1001.