Sandra Day O'Connor, Conservative Discourse, and Reproductive Freedom

by

DOROTHY E. ROBERTS*

INTRODUCTION

Discussion of Justice O'Connor's role on the Supreme Court has focused primarily on her opinions concerning the right to abortion. Justice O'Connor has consistently voted with other con servative members of the Court to uphold state restrictions on abortion. She parted company with Justices Rehnquist, White, Kennedy, and Scalia, however, in the critical 1989 decision, Webster v. Reproductive Health Services.1 While her conservative brethren stated that they would vote to overturn Roe or severely modify it, O'Connor wrote a separate opinion to say it was unnecessary to reconsider the constitutional va lidity of Roe and suggested that any future reex amination be done "carefully."2 Thus, O'Connor's vote was seen as crucial to retaining women's constitutional right to choose abortion. That pivotal role may have vanished with Justice Souter's replacement of Justice Brennan. The Court's most recent abortion decision, Rust

Sullivan 3, which upheld federal regulations

banning abortion counseling and referral in pub-

licly-funded family planning clinics, reflects the new balance on the Court. O'Connor's vote in Rust to strike down the regulations, on the statu tory ground that they were not a reasonable inter pretation of Title X,4 was ineffectual in the face of the conservative majority that now included Jus tice Souter. The impotence of her vote in retain ing abortion