Roe v. Wade may be 30 years old, but abortion advocates seem hopping mad that thereโs still this annoying pro-life presence in America that wonโt accept the historical inevitability of abortion on demand. On CBSโs The Early Show Wednesday, Roe lawyer Sarah Weddington expressed amazement. โI really thought the opinion had been written in concrete.โ
Thirty years later, the prospect of any restrictions on abortion is portrayed in ominous tones by the media as a slippery slope toward the overturning of Roe and the victory of a violent anti-choice minority. Wednesday night on CBS, reporter David Axelrod lectured about โhow abortion is redder than any other red meat social issue in America. Itโs the one producing the most violence.โ (And he means outside the clinics, not inside.) Like ABCโs Linda Douglass the same night, he deplored how โthe number of counties with no access to abortion is up.โ He concluded the right to abortion is hanging in โtenuousโ balance since โRoe v. Wade is just one Supreme Court justiceโs vote away from being overturned.โ Thereโs a sense that historical inevitability is slipping away.
When abortion advocates cheered 30 years ago as the Supreme Court created a national right to deny the humanity of the unborn, they were hastily building a sense of public momentum. The ruling was to be hallowed as a โlandmarkโ precedent that was never-ending, and never to be curtailed. On Wednesdayโs edition of The Early Show, CBS proudly reran film of Walter Cronkite reporting, โGood evening. In a landmark ruling, the Supreme Court today legalized abortions.โ While today, liberal TV reporters seem desperate in attacking the pro-life movement as a violent, extremist threat, liberalism seemed triumphant on nearly every issue in the 1970s, and the national media greeted the Roe v. Wade decision with warm applause.
Time magazine โ helped by a young David Beckwith, later known as a Dan Quayle spokesman โ was the first to break the scoop on the Monday of the decision.โ Last week Time learned that the Supreme Court has decided to strike down nearly every abortion lawโ and to permit โonly minimal curbsโ on abortion. โNo decision in the courtโs history,โ they predicted, โhad evoked the intensity of emotion that will surely follow this ruling.โ Chief Justice Warren Burger was outraged at the leak, but within hours, the decision was revealed to all.
The next dayโs New York Times carried a report by Warren Weaver Jr. under the headline โHigh Court Rules Abortion Legal.โ Weaver wrote: โThe Supreme Court overruled today all state laws that prohibit or restrict a womanโs right to obtain an abortion during her first three months of pregnancy. The vote was 7-2. In an historic resolution of a fiercely controversial issue, the Court drafted a new set of national guidelines that will result in broadly liberalized abortion laws in 46 states, but will not abolish restrictions altogether.โ It was still early enough in the abortion debate that journalists would still use a word like โobtain,โ before abortion advocates no doubt protested it sounded far too much like a economic transaction, rather than a revolutionary act of womenโs liberation from traditional maternal roles.
On the editorial page, the Times unfurled the superlatives: โThe Supreme Court has made a major contribution to the preservation of individual liberties and of free decision making by its invalidation of state laws inhibiting a womanโs right to obtain an abortion in the first three months of pregnancy.โ Was the decision radical, legislative instead of judicial? The Times hailed the decision as offering โa sound foundation for final and reasonable resolutionโ of the abortion debate. Why would abortion foes fuss? In typically clueless fashion, the Times declared โnothing in the courtโs decision ought to give affront to persons who oppose all abortions for reasons of religion or individual conviction.โ
The Times was not alone. The other national newspaper editorial boards were also clapping. The Washington Post said the decisions were โwise and sound.โ The Los Angeles Times called it โsensibleโ as well as legally and historically โpersuasive.โ The Boston Globe said it was โdeeply gladdenedโ by the outcome. Even The Wall Street Journal editorialists, while expressing โcertain reservations,โ said that overall, the court had struck โa reasonable balance on an exceedingly difficult question.โ
The week after its initial scoop, Time cited new polling data from Gallup that showed 46 percent of those surveyed favored leaving the abortion decision to the woman and 45 percent opposed. They suggested โsuch a close division of sentiment can only ensure that while the matter has been settled legally, it remains a lightning rod for intense national debate.โ But Time didnโt find it odd that the Supreme Courtโs 7-2 vote obviously landed a fair piece to the left of the public, even as measured by Gallup. Time praised the decision as โbold and uncompromising.โ Refusing to compromise is never a virtue on the right. Itโs portrayed as a mark of fanaticism.
The Roe decision competed with other news as the week elapsed. The peace process was kicking in to draw down the Vietnam War, and Lyndon Johnson died at the age of 64. Newsweek declared โthe end of a war and the death of a president got bigger headlines. But in a quiet way, a third event last week may have as lasting an influence on American life.โ The 7-2 result, especially the 3-1 split of four Nixon Court appointees (Blackmun, Burger, and Powell vs. Rehnquist), made it for Newsweek โAn astonishing decision for the Nixon Court to reachโฆmost astonishing of all was the broad scope and explicit detail of the decision.โ
Few media outlets were horrified at the prospect of decades of abortions to come. The St. Louis Review, a Catholic diocesan newspaper, was, but they also clairvoyantly saw the future: โThe U.S. Supreme Court decision striking down state abortion laws has nationalized the anti-abortion movementโฆ.With the restrictive statutes supported in state capitals apparently outlawed by the Court decision, the new target has become the Congress.โ
Over the decades, with polls showing an overwhelming majority of journalists favor legal abortion, media coverage of Roeโs fate has flip-flopped between cocky stare decisis (in effect declaring, Wallace-like, โAbortion forever!โ) and propagandistic panic (โThe anti-abortion movement has been creeping to the edge of bloody fanaticism for a decade,โ Jane Pauley, 1995). But coverage has never wavered on the question of whose side the media favor. Remember this the next time someone tries to tell you that a conservative bias now reigns in the media elite.
โ Tim Graham is director of media analysis at the Media Research Center.





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