Catholics tend to harbor a mild ambivalence toward John F. Kennedy, whether it be induced by the alleged extra-marital affairs or the supposition that his faith meant nothing to his politics. Say what you will about JFK, there is one element of his presidency that I think deserves a return of Catholic appreciation: his nomination of Supreme Court Justice Byron White.
The ruling on Roe v. Wade was the result of a 7-2 vote, five of the majority votes coming from Republican-appointed Justices. Byron White was the senior dissenting judge, joined by a young William Rehnquist, who had been appointed by President Nixon. In his written opinion, White comments are apropos:
With all due respect, I dissent. I find nothing in the language or history of the Constitution to support the Court’s judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers [410 U.S. 222] and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes.
—
The Court apparently values the convenience of the pregnant mother more than the continued existence and development of the life or potential life that she carries. Whether or not I might agree with that marshaling of values, I can in no event join the Court’s judgment because I find no constitutional warrant for imposing such an order of priorities on the people and legislatures of the States. In a sensitive area such as this, involving as it does issues over which reasonable men may easily and heatedly differ, I cannot accept the Court’s exercise of its clear power of choice by interposing a constitutional barrier to state efforts to protect human life and by investing mothers and doctors with the constitutionally protected right to exterminate it. This issue, for the most part, should be left with the people and to the political processes the people have devised to govern their affairs.
When the legality of abortion was once again on the line before the Supreme Court during the 1993 Planned Parenthood v. Casey case, White was part of the initial six Justice majority that would have, at best, overtuned Roe and would have, at least, upheld the numerous restrictions on abortion for which Governor Bob Casey of Pennsylvania had fought. But as we know from history, Bush-appointed David Souter and Reagan-appointed Anthony Kennedy defected to join with Reagan-appointed Sandra Day O’Connor to craft the Court’s plurality opinion, which is the precedent of the Court. White remained stalwart, nonetheless, once more taking a stand with Chief Justice Rehnquist along with Republican-appointed Justices Clarence Thomas and Antonin Scalia.
White’s positions on such issues as the death penalty and civil rights, likewise, provide White with some solid pro-life credentials. But it his uncompromising stand against judicial sanction of the legality of abortion in the United States that is most impressive about White’s Court tenure in terms of the pro-life cause. Again, say what you will about JFK. While he in no way could have anticipated the drama of Roe, he nevertheless gave the U.S. a judge who would truly work for justice for the unborn. In this regard, Catholics ought to consider always this aspect of JFK’s legacy alongside whatever criticisms they may want to level against the man.
More on White: Wiki, University of Colorado obituary, Oyez, Encyclopedia of World Biography
Ad-Free & Subscriber Log-In