Have You Even Read the Opinion?
You'd think before storming the homes of Supreme Court justices, they'd at least read the draft opinion - herewith a quiz on your Roe IQ
Before writing What Hasn't Been Said About Roe, I decided I better read the full opinion of the recently leaked draft Supreme Court decision on abortion. Understanding an issue fully before rendering an opinion just makes sense to most of us. But I’m surprised at the abject poverty of understanding surrounding Roe in general, and this decision in particular - if it stands.
If you do choose to get into the opinion, all 96 pages of it, you will likely find yourself looking up a number of other cases that are cited within the document. I’ll confess to having learned a great deal from this process. In this day of “Too Long Don’t Read!” and 280-character limitations on Twitter, many of us unfortunately develop our opinions based on 30-second news bites and headlines. But if it’s truly an important issue, we should do the homework.
Herewith is a short quiz to assess your knowledge of Roe and this draft decision, a test to see to see how well you know “the issues”. No cheating! If you get ten or more correct - without looking them up - you’re probably pretty well informed. (Answers are at the end). Oh and if you catch me in a mistake you’ll get special mention next time!
In what year was Roe decided"?
a. 2000
b. 1974
c. 1973
d. 1971
What was the full title of the Roe decision?
a. Roe vs Board of Education
b. Roe vs Masterpiece Cakeshop
c. Roe vs Ferguson
d. Roe vs Wade
e. None of the above
Roe struck down which state’s abortion law and made abortion legal throughout the United States?
a. Mississippi
b. Florida
c. Texas
d. Oklahoma
Who was the real “Jane Roe”?
a. Norma McCorvey
b. Sarah Weddington
c. Linda Coffee
d. Sandra Day O’Connor
e. None of the above
Which Supreme Court justice wrote the majority opinion in Roe?
a. Harry Blackmun
b. Warren E. Burger
c. William J. Brennan Jr.
d. Thurgood Marshall
e. None of these
Which Supreme court justice wrote the dissenting opinion in Roe?
a. Byron White
b. William Rehnquist
c. Thurgood Marshall
d. Ruth Bader Ginsburg
e. A and C
Roe established what framework for considering restrictions of abortion?
a. Quintiles
b. Fetal viability
c. Trimesters
d. Fetal brain activity
e. The penumbra of the First Amendment
Which notorious Supreme Court Justice predicted Roe was likely to be overturned eventually?
a. Sandra Day O’Connor
b. Ruth Bader Ginsburg
c. Thurgood Marshall
d. Harry Blackmun
e. All of the above
What was the constitutional basis for the Roe decision?
a. The First Amendment
b. The Due Process clause of the 14th Amendment
c. The Privacy Act
d. The Separation of Church and State clause of the First Amendment
e. The Interstate Commerce Clause
Which four countries currently allow abortions beyond 20 weeks’ gestation?
a. America, the UK, Germany and Finland
b. America, Sweden, France and Germany
c. America, Norway, Italy and Germany
d. America, the Philippines, New Zealand and Croatia
e. America, North Korea, China and Canada
Which Supreme Court justice authored the recently leaked draft majority opinion on abortion?
a. John Roberts
b. Clarence Thomas
c. Samuel Alito
d. Antonin Scalia
e. A and B
What is the full title of the abortion case pending before the US Supreme Court?
a. Plessy vs Ferguson
b. Dobbs vs Jackson Women's Health Organization
c. Casey vs Planned Parenthood
d. Gonzalez vs Carhart
e. None of the above
From what state does the abortion case pending before the US Supreme Court originate?
a. Michigan
b. Florida
c. Alabama
d. Mississippi
e. None of these
The state law being challenged before the US Supreme Court restricts abortion:
a. In all cases, except rape and incest
b. In all cases, except when the life of the mother is in danger
c. Beyond the second trimester
d. Beyond 15 weeks
e. Never
The leaked draft opinion was published by what media outlet?
a. The Washington Post
b. Politico
c. The New York Times
d. CNN
e. Fox News
Historically, how often are draft US Supreme Court opinions leaked to the press?
a. Never previously
b. Rarely
c. Commonly
d. Controversial opinions are always leaked
What does the judicial term stare decisis mean?
a. Judges are obligated to interpret the Constitution when deciding cases
b. Judges may never overturn or reverse a previously decided ruling
c. Judges must carefully consider precedent when deciding cases
d. Judges have no obligation to observe findings of previously decided cases
The leaked draft majority opinion overturns what US Supreme Court ruling?
a. Roe vs Wade
b. Gonzalez vs Carhart
c. Casey vs Planned Parenthood
d. Dobbs vs Jackson Women's Health Organization
e. None of the above
f. A and C above
The decision in the leaked draft majority opinion:
a. Abolishes a constitutional right to abortion
b. Overturns both Roe and Casey Supreme Court opinions
c. Makes abortion illegal throughout the US
d. Returns abortion regulation to the people and their elected representatives
e. All but C is true
The decision in the leaked draft majority opinion is based on:
a. The Constitution does not mention abortion or privacy anywhere
b. Article III of the Constitution does not provide the Supreme Court authority to create rights
c. The Constitution provides that Issues of political, moral or social importance are best decided democratically by the people and their legislatures
d. The Roe and Casey decisions wrongfully inserted the judiciary into the democratic processes defined by the Constitution
e. All of the above
Answers: 1.c, 2.d, 3.c, 4.a, 5.a, 6.a, 7.c, 8.b, 9.b, 10.e, 11.c, 12.b, 13.d, 14.d, 15.b, 16.a, 17.c, 18.f, 19.e, 20.e
16! I impressed myself! Although I probably shouldn’t take credit for the answer with the subtle hint “notorious“ in the question…even though I think I still would’ve gotten that one right. 😉