Law

The following collections in the custody of the Manuscript Division include journalistic materials pertaining to reproductive health and the law, including collections held by Supreme Court justices.

Major Cases

Listed below are major Supreme Court cases related to reproductive health; this list is not comprehensive. All Supreme Court case summaries below are brief. For a complete case summary, patrons can access the Congressional Quarterly Press Supreme Court Collection.

Buck v. Bell (1927)

Buck v. Bell established that involuntary sterilization of "feeble-minded" people did not violate the Constitution.¹

Skinner v. Oklahoma (1942)

Skinner v. Oklahoma established that the Oklahoma Criminal Sterilization Act violated the Constitution under the Equal Protection Clause of the Fourteenth Amendment, as it only applied to those convicted of certain crimes; the case established that legislation about compulsory sterilization was subject to strict scrutiny.²

Griswold v. Connecticut (1965)

Griswold v. Connecticut was a landmark case that established married couples could use contraception due to their constitutional right to privacy.³

United States v. Vuitch (1971)

In Washington, D.C., abortions were banned unless necessary to protect a mother's health. United States v. Vuitch determined that "health" could include one's psychological well-being, and therefore the D.C. law was not unconstitutionally vague.⁴

Eisenstadt v. Baird (1972)

Eisenstadt v. Baird established that withholding contraception from unmarried individuals violated the Equal Protection Clause of the Fourteenth Amendment; there was no rational basis for banning contraceptives by marital status.⁵

Roe v. Wade (1973)

Roe v. Wade established the right to have an abortion because of the constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment.⁶

Doe v. Bolton (1973)

Doe v. Bolton established that a Georgia law, which only allowed abortion when medically necessary or when the pregnancy was due to rape, was unconstitutionally restrictive.⁷

Bellotti v. Baird (1979)

Bellotti v. Baird determined that a Massachusetts law, which required that minors obtain parental permission before receiving an abortion, was unconstitutional.⁸

Harris v. McRae (1980)

Harris v. McRae upheld the Hyde Amendment, which restricted federal funding through Medicaid for medically necessary abortions.⁹

City of Akron v. Akron Center for Reproductive Health (1983)

City of Akron v. Akron Center for Reproductive Health determined many restrictions on abortion violated the Constitution; such restrictions included mandatory waiting periods, mandatory parental consent for minors seeking abortions, and rules surrounding the disposal of fetal remains.¹⁰

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

Planned Parenthood v. Casey determined that state legislation could not place an undue burden on women seeking abortion.¹¹

Gonzales v. Carhart (2007)

Gonzales v. Carhart upheld a federal ban on partial birth abortions.¹²

Dobbs v. Jackson Women's Health Organization (2022)

Dobbs v. Jackson overturned Roe v. Wade and established that abortion is not a constitutional right, which leaves abortion legislation to individual states.¹³

The following resources were consulted in compiling the major Supreme Court case list above.

American Civil Liberties Union. “Timeline of Important Reproductive Freedom Cases Decided by the Supreme Court.” Created December 1, 2003. Accessed July 11, 2023. https://www.aclu.org/documents/timeline-important-reproductive-freedom-cases-decided-supreme-courtExternal

Brennan Center for Justice. "Roe v. Wade and Supreme Court Abortion Cases." Published September 28, 2022. Accessed July 11, 2023. https://www.brennancenter.org/our-work/research-reports/roe-v-wade-and-supreme-court-abortion-casesExternal.

Relevant Collections

The following collection titles link to fuller bibliographic information in the Library of Congress Online Catalog. Links to additional online content, including finding aids for the collections, are included when available.

Hugo LaFayette Black papers
Published/Created: 1883-1976 (bulk 1926-1971)
Family and general correspondence, memoranda, reports, notebooks, research materials, case files, legal and subject files, speeches and writings, printed and near-print materials, clippings, scrapbooks, and miscellany relating primarily to Black's service in the U.S. Senate (1927-1937) and on the Supreme Court (1937-1971). Restrictions apply.
Harry A. Blackmun papers
Published/Created: 1913-2001 (bulk 1959-1994)
Correspondence, appointment books, memoranda, case files, legal papers, subject files, speeches, and writings chiefly documenting Blackmun's career as associate justice of the U.S. Supreme Court (1970-1994) and as judge of the U.S. Court of Appeals (8th Circuit).
William J. Brennan papers
Published/Created: 1945-1998 (bulk 1956-1990)
Associate justice of the United States Supreme Court. Correspondence, legal case files, speeches and writings, administrative files, printed matter, and newspaper clippings related to Brennan's activities as associate justice of the Supreme Court. Restrictions apply.
Willis Van Devanter papers
Published/Created: 1884-1941
Correspondence, letterbooks, legal records and briefs, speeches, lectures, and scrapbooks.
William O. Douglas papers
Published/Created: 1801-1980 (bulk 1923-1975)
Correspondence, speeches, writings, Supreme Court files, subject files, financial records, family papers and genealogy, printed matter, photographs, and other papers documenting Douglas's legal career, his concern for the environment, and other interests. Restrictions apply.
ERAmerica records
Published/Created: 1974-1982
Includes documents about court cases and legislation related to abortion. Correspondence, memoranda, minutes, bylaws, speeches, subject files, press files, state files, organization files, bibliographies, petitions, legal files, financial records, card files, photographs, and other records relating to the Equal Rights Amendment.
Harlan Fiske Stone papers
Published/Created: 1889-1953 (bulk 1925-1946)
Correspondence, writings, reports, legal case files, biographical information, and other papers relating primarily to Stone's service on the U.S. Supreme Court.
Felix Frankfurter papers
Published/Created: 1846-1966 (bulk 1907-1966)
Correspondence, memoranda, diaries, oral history interviews, writings, speeches, notes, legal file, newspaper clippings, printed material, photographs, and other papers reflecting Frankfurter's involvement with significant political and social movements and events and his acquaintance with leaders in many segments of society.
Arthur J. Goldberg papers
Published/Created: 1793-1995 (bulk 1941-1985)
Associate justice of the United States Supreme Court, lawyer, secretary of labor, and diplomat. Correspondence, case files, certiorari memoranda, legal files, speeches and writings, subject files, reports, printed matter, and scrapbooks relating to Goldberg's career as a lawyer, associate justice of the United States Supreme Court, secretary of labor, and United States representative to the United Nations. Restrictions apply.
John Marshall Harlan papers
Published/Created: 1810-1971 (bulk 1861-1911)
Correspondence, speeches, writings, legal and financial records, subject files, family papers, and other papers relating to Harlan's career in law, politics, and the judiciary.
Robert H. Jackson papers
Published/Created: 1816-1983 (bulk 1934-1954)
Correspondence, memoranda, family papers, legal file, subject file, speeches, writings, financial papers, transcripts of oral history interviews, biographical papers, photographs, and other papers documenting Jackson's legal career. Restrictions apply.
Thurgood Marshall papers
Published/Created: 1949-1991 (bulk 1961-1991)
Chiefly correspondence, case files, dockets, and other papers from Marshall's tenure on the U.S. Supreme Court (1967-1991); correspondence, administrative files, and other papers from his service (1961-1965) as a judge on the U.S. Court of Appeals (2nd Circuit); and correspondence and legal papers relating to his years as U.S. solicitor general (1965-1967).
John Paul Stevens papers
Published/Created: 1939-2019 (bulk 1975-2010)
Case files, docket sheets, certiorari memoranda, speeches, writings, and other papers primarily documenting Stevens's tenure as a U.S. Supreme Court justice. Restrictions apply.
George Sutherland papers
Published/Created: 1850-1944 (bulk 1902-1938)
Correspondence, memoranda, diaries, speeches, notes, legal files, biographical material, scrapbooks, printed matter, and other papers relating primarily to Sutherland's service as U.S. congressman and senator from Utah and U.S. Supreme Court associate justice.
William H. Taft papers
Published/Created: 1784-1973 (bulk 1880-1930)
Correspondence including letterpress books, diaries, speeches and addresses, presidential and judicial files, legal files and notebooks, family papers and correspondence, business and estate papers, engagement calendars, guest lists, scrapbooks, clippings, printed matter, memorabilia, photographs, and other papers documenting Taft's career as U.S. solicitor general (1890-1892), U.S. circuit court judge (1892-1900), president of the U.S. Philippine Commission (1900-1901), governor of the Philippines (1901-1904), secretary of war in Theodore Roosevelt's cabinet (1904-1908), president of the United States (1909-1913), professor of constitutional law at Yale Law School (1913-1921), and chief justice of the U.S. Supreme Court.
Earl Warren papers
Published/Created: 1864-1974 (bulk 1953-1974)
Personal, family, and official correspondence; speeches and writings; Supreme Court files consisting of calendars, docket books, conference lists, bench memoranda, notes, opinions, and correspondence with associate justices; records relating to lower courts; and organizational files, scrapbooks, and other papers. Restrictions apply.
Byron R. White papers
Published/Created: 1961-1993
Associate justice of the United States Supreme Court, United States deputy attorney general, lawyer, naval intelligence officer, Rhodes scholar, and professional football player. Opinion files and related administrative records documenting cases heard during White's tenure on the Supreme Court, including material on cases involving the "Miranda law", abortion, child pornography, freedom of speech, homosexuality, racial bias, and liability of news organizations.

U.S. Supreme Court Materials in the Manuscript Division of the Library of Congress
This guide serves as an introduction to collections in the Manuscript Division that relate to the Justices of the United States Supreme Court.

Subscription Databases

The subscription resources marked with a padlock are available to researchers on-site at the Library of Congress. If you are unable to visit the Library, you may be able to access these resources through your local public or academic library.

CQ Supreme Court Collection External This link opens in a new window
Contains summaries and analyses of more than four thousand major decisions, including all cases in which the Burger, Rehnquist, and Roberts Courts issued a written opinion, and links to the full text of the cases. The collection blends historical analysis with updates and expert commentary of Supreme Court decisions, biographies of Supreme Court justices, Supreme Court institutional history, and the U.S. Constitution. Research justices' voting records and opinion alignments while also tracking appropriations history, judicial legislation, and judicial staffing. The collection also includes documentation of public opinion of the Court and the issues before it chronologies of major cases and justices and analysis and comparison of constitutions from a hundred nations.
ProQuest Supreme Court Insight External This link opens in a new window
Supreme Court Insight is a complete online collection of full opinions from Supreme Court argued cases, including per curiam decisions, dockets, oral arguments, joint appendices and amicus briefs. Content associated with each case is compiled on a dynamic page organized to facilitate understanding of the judicial process, and is also retrievable on a document-by-document basis. Harmonized subject indexing facilitates the ability of researchers to assess specific cases and groups of cases. Organization indexing facilitates the ability of users to locate specific briefs or retrieve all briefs submitted by a single organization. Supreme Court Insight is a companion product and offers links from case-specific records to Legislative Insight and Regulatory Insight and has similar functionality designed to facilitate teaching and learning.
HeinOnline U.S. Supreme Court Library External This link opens in a new window
Includes complete coverage of published cases in official sources from 1754 to the last full calendar year for the United States Supreme Court. Current coverage: U.S. Reports (1754-2002) U.S. Reports Preliminary Prints / U.S. Reports Slip Opinions (2002-2003). Also includes one monograph describing the first ninety volumes (Guide to the Early Reports of the Supreme Court of the United States) and two law reviews (Supreme Court Economic Review, vols. 1-5 (1982-1997) and Supreme Court Review , v. 1960-1998 (1960-1998). Provides search and browse options and PDF and Hprint printing or downloading options.

Notes

Paul Finkelman & Melvin I. Urofsky, Buck v. Bell, in Landmark Decisions of the United States Supreme Court 165 (2003), http://library.cqpress.com/scc/lndmrk03-113-6435-342101External.
Paul Finkelman & Melvin I. Urofsky, Skinner v. Oklahoma ex rel. Williamson, in Landmark Decisions of the United States Supreme Court 208 (2003), http://library.cqpress.com/scc/lndmrk03-113-6439-345720External.
Paul Finkelman & Melvin I. Urofsky, Griswold v. Connecticut, in Landmark Decisions of the United States Supreme Court 307 (2003), http://library.cqpress.com/scc/lndmrk03-113-6439-345925External.
U.S. v. Vuitch, in Congress and the Nation, 1969-1972, at 322-0 (1973), http://library.cqpress.com/scc/catn69-0000863859External.
Paul Finkelman & Melvin I. Urofsky, Eisenstadt v. Baird, in Landmark Decisions of the United States Supreme Court 365 (2003), http://library.cqpress.com/scc/lndmrk03-113-6441-348219External.
Paul Finkelman & Melvin I. Urofsky, Roe v. Wade, in Landmark Decisions of the United States Supreme Court 375 (2003), http://library.cqpress.com/scc/lndmrk03-113-6441-348238External.
Paul Finkelman & Melvin I. Urofsky, Doe v. Bolton, in Landmark Decisions of the United States Supreme Court 376 (2003), http://library.cqpress.com/scc/lndmrk03-113-6441-348239External.
Bellotti v. Baird, in Supreme Court Collection (Web site) (2002), http://library.cqpress.com/scc/cqelsc-0000000151External.
Paul Finkelman & Melvin I. Urofsky, Harris v. McRae, in Landmark Decisions of the United States Supreme Court 459 (2003), http://library.cqpress.com/scc/lndmrk03-113-6442-349484External.
6 City of Akron v. Akron Center for Reproductive Health Inc., Akron Center for Reproductive Health Inc. v. City of Akron (462 U.S. 416), in Congress and the Nation, 1981-1984, at 725-0 (1985), http://library.cqpress.com/scc/catn81-0001163387External.
Paul Finkelman & Melvin I. Urofsky, Planned Parenthood of Southeastern Pennsylvania v. Casey, in Landmark Decisions of the United States Supreme Court 528 (2003), http://library.cqpress.com/scc/lndmrk03-113-6442-349595External.
Kenneth Jost, Gonzales, Attorney General v. Carhart,, CQ Supreme Court Collection (2007), http://library.cqpress.com/scc/scyb06-849-30219-1436833External.
Kenneth Jost, Dobbs, State Health Officer of Mississippi Department of Health v. Jackson Women’s Health Organization, CQ Supreme Court Collection (2021), http://library.cqpress.com/scc/scyb21-2238-117925-3001788External.

Reproductive History in the Manuscript Reading Room

Manuscripts: Ask a Librarian

Law

Major Cases

Relevant Collections

Subscription Databases

Notes