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Chapter 8 Radicalization of Reform

1. Gerald N. Grob, From Asylum to Community: Mental Health Policy in Modern America (Princeton, N.J.: Princeton University Press, 1991), 20, 41-43, 274-278. [BACK]

2. Arthur J. Mandy, "Reflections of a Gynecologist," in Abortion in America: Medical, Psychiatric, Legal, Anthropological, and Religious Considerations , edited by Harold Rosen (1954; reprint, Boston: Beacon Press, 1967), 285, 295. [BACK]

3. Remarks in Mary Steichen Calderone, ed., Abortion in the United States: A Conference Sponsored by the Planned Parenthood Federation of America, Inc. at Arden House and The New York Academy of Medicine (New York: Harper and Brothers, 1958), 163, 164, 167. [BACK]

4. Calderone, Abortion in the United States , 6-13. [BACK]

5. Winfield Best to Mary Calderone, April 19, 1955, folder 3, box 2, Mary Steichen Calderone Papers, Schlesinger Library; Winfield Best to Public Relations Department, February 16, 1955, folder 13, box 2, Calderone Papers. [BACK]

6. Quotation in Dr. W. Vogt to Dr. Mary Calderone, February 17, 1955, folder 13, box 2, Calderone Papers. [BACK]

7. Calderone, Abortion in the United States , statement on 181-184, quotations on 181, 183. [BACK]

8. Calderone, Abortion in the United States , 193-195. [BACK]

9. Proceedings of the American Law Institute , 1959 (Philadelphia: American Law Institute, 1960), 252-283, quotation on 257-258. On the American Law Institute, see Solon N. Blackmer, "Medical and Legal Foundations for Justifiable Abortions—An Abstract," Illinois Medical Journal 121 (January 1962): 59; Herbert F. Goodrich and Paul A. Wolkin, The Story of the American Law Institute, 1923-1961 (St. Paul: American Law Institute Publishers, 1961), 5-7. The model law was slightly revised in 1962; American Law Institute, Model Penal Code: Official Draft and Explanatory Notes; Complete Text of Model Penal Code as Adopted at the 1962 Annual Meeting of The American Law Institute at Washington, D.C., May 24, 1962 (Philadelphia: The American Law Institute, 1985), Section 230.3, pp. 165-166. [BACK]

10. Proceedings of the American Law Institute , 258; Leonard Dubin, "The Antiquated Abortion Laws," Temple Law Quarterly 34 (winter 1961): 151. [BACK]

11. Proceedings of the American Law Institute , 274-275,279-281, quotations on 279, 281. [BACK]

11. Proceedings of the American Law Institute , 274-275,279-281, quotations on 279, 281.

12. Ibid., 259-262, 264. [BACK]

13. Eugene Quay, "Justifiable Abortion—Medical and Legal Foundations," (in two parts) Georgetown Law Journal 49 (winter 1960 and spring 1961): 173-241; 395-443. On the Catholic Church's role in battling birth control, see David M. Kennedy, Birth Control in America: The Career of Margaret Sanger (New Haven: Yale University Press, 1970), 96-98, 144-145, 222-223,232-234;

David J. Garrow, Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade (New York: Macmillan, 1994), 113-116, 118. [BACK]

14. "Attorneys Urge Legal Abortions," AMA News 3 (July 11, 1960): 8, Vertical Files, AHA; Dubin, "The Antiquated Abortion Laws," 151. [BACK]

15. Doug Lindgren, "Abortion: State Control or a Woman's Right?" The Brief (February 1970): 3. The states that passed reform laws were Colorado, Arkansas, California, Delaware, Georgia, Kansas, Maryland, New Mexico, North Carolina, Oregon, South Carolina, and Virginia. Judith Hole and Ellen Levine, Rebirth of Feminism (New York: Quadrangle Books, 1971), 284. [BACK]

16. Alan F. Guttmacher, "The Law That Doctors Often Break," Reader's Digest 76 ( January 1960): 51 -54. [BACK]

17. Jerome M. Kummer and Zad Leavy, "Therapeutic Abortion Law Confusion," JAMA 195 (January 10, 1966): 143, 144. [BACK]

18. Maginnis's organization was first named Citizens' Committee for Humane Abortion Laws. Garrow, Liberty and Sexuality , 290; Miss. Pat Maginnis to Dr. Alan Guttmacher, March 28, 1962, Correspondence, Guttmacher Papers, Countway Library, Harvard University. Ninia Baehr, Abortion without Apology: A Radical History for the 1990s (Boston: South End Press, 1990), 7-18. [BACK]

19. "Pregnant Women and Self-Determination," Society for Humane Abortion Newsletter (hereafter cited as SHA Newsletter) 1 (August 1965): 1; Kristin Luker, Abortion and the Politics of Motherhood (Berkeley: University of California Press, 1984), 95-102. [BACK]

20. Cartoon by Robert N. Bick in Patricia T. Maginnis, The Abortees' Songbook , 1969, Position Papers Part z folder, Women's Ephemera Folders (hereafter cited as WEF), Special Collections, Northwestern University Library, Evanston, Illinois. In the 1940s and 1950s, psychiatrists took enlightened views of sexual "deviants" and tried to alleviate the situation for homosexuals, unwed mothers, and sexually unhappy women, but psychiatrists were later considered judgmental, homophobic, and sexist. To its credit, the psychiatric profession heard its clients and revised its views. Allan Bérubé makes this point about homosexuality in Coming Out under Fire: The History of Gay Men and Women in Worm War Two (New York: Free Press, 1990), 149-174. For examples of the psychiatric interpretation of these issues, see Linda Gordon, Woman's Body, Woman's Right: Birth Control in America , rev. and updated (1976; reprint, New York: Penguin Books, 1990), 360-361, 366-369; Regina Kunzel, Fallen Women, Problem Girls: Unmarried Mothers and the Professionalization of Social Work, 1890-1945 (New Haven: Yale University Press, 1993). [BACK]

21. Quotations from Society for Humane Abortion Statement, SHA Newsletter 1 (August 1965), no page no. See also "Abortion vs. Contraception," SHA Newsletter 2:1 (February/March 1966); Garrow, Liberty and Sexuality , 301, 304. For another early feminist critique of reform, see Alice S. Rossi, "Public Views on Abortion," (February 1966) [reprint] n.p., Abortion—National Association for the Repeal of Abortion Laws folder, WEF. [BACK]

22. The group had male support, but had originated among women and formulated its arguments from the perspective of women who wanted abortions, not potential providers. For male participants, see "SHA Incorporation," SHA Newsletter 2 (April/May 1966). [BACK]

23. This organization was named the Association to Repeal Abortion Laws (ARAL). Different sources suggest that it started in 1964 or 1966. "Classes in Abortion," flyer, [September 15, 1966], Correspondence, Guttmacher Papers; "Are You Pregnant," flyer, Correspondence, Guttmacher Papers; "Law, Police and Patricia Maginnis," SHA Newsletter 3 (January/February 1967): 1; Baehr, Abortion without Apology , 10. [BACK]

24. Report from Juarez, Folder 86 and Evaluations, July 1967, folder 125, box 5, Records of the Society for Humane Abortion and the Association to Repeal Abortion Laws, Schlesinger Library. [BACK]

25. Interview of Heather Booth by Paula Kamen, September 1, 1992, Paula Kamen Collection, C.D. McCormick Library of Special Collections Department, Northwestern University Library; Lindsey Van Gelder, "The Jane Collective: Seizing Control," Ms . (September/October 1991): 83. [BACK]

26. Different dates are given for the start of the Service. I conclude from the Booth interview that the first collective effort began in 1967 when she contacted Jody Parsons. Interview of Booth, 7; Van Gelder, "The Jane Collective," 83-84; Pauline Bart, "Seizing the Means of Reproduction: An Illegal Feminist Abortion Collective—How and Why it Worked," Qualitative Sociology 10 (winter 1987): 339-357. [BACK]

27. Diane Elze, "Underground Abortion Remembered: Part 2," Sojourner: The Women's Forum 13 (May 1988): 12, Abortion—Jane folder, WEF; Bart, "Seizing the Means of Reproduction," 339-357; Interview of Judith Arcana, September 1992, pp. 3-5, Paula Kamen Collection; Jane, "Jane," Voices , June-November 1973, typescript, pp. 1-23. Last quotation from "Just Call 'Jane,''' The Fight For Reproductive Freedom: A Newsletter for Student Activists 4 (winter 1990): 4. I am grateful to Suzanne Poirier and Bonnie Blustein for giving me copies of the "Jane" typescript and to Anne Champagne for the newsletter. [BACK]

28. Interview of Arcana, 5; Interview of Anonymous Jane and Husband, September 1992, pp. 1-2, 9, Paula Kamen Collection; Elze, "Underground Abortion Remembered," 12; "Just Call 'Jane,'" 4. [BACK]

29. Interview, of Lorry, November 26, 1992, pp. 2-7, Paula Kamen Collection. [BACK]

30. "Aborted Women and Silence," SHA Newsletter 1 (August 1965): 2; Jane, "Jane," 8. [BACK]

31. "Law, Enforcement," SHA Newsletter 1 (August 1965): 2; "Civil Rights are a Part of Good Medical Care," Abortion '68-'73 folder, box 23, Chicago Women's Liberation Union Papers, Chicago Historical Society. [BACK]

32. Jo Freeman, The Politics of Women's Liberation: A Case Study of an Emerging Social Movement and its Relation to the Policy Process (New York: David McKay, 1975); Sara Evans, Personal Politics: The Roots of Women's Liberation in the Civil Rights Movement and the New Left (New York: Random House, 1979; Vintage Books, 1980); Paula Giddings, When and Where I Enter: The Impact of Black Women on Race and Sex in America (New York: William Morrow, Bantam Books, 1984), 299-324; Hole and Levine, Rebirth of Feminism . [BACK]

33. Women in the United Auto Workers (UAW) got NOW off the ground and the union provided the organization's first funds. Freeman, The Politics of Women's Liberation , 50-56, 71 - 102, 80. [BACK]

34. Johnnie Tillmon, who "organized the nation's first welfare rights group in the Watts area of Los Angeles in 1963," argued that, "Welfare is a Woman's Issue," reprint in The First Ms. Reader (New York: Warner Paperback, 1973), 51-55; Freeman, The Politics of Women's Liberation , 73-74; Giddings, When and Where I Enter , 312-313; Frances Fox Piven and Richard A. Cloward, Poor People's Movements: Why They Succeed, How They Fail (New York: Random House, 1977), 264-280. [BACK]

35. Women's liberation groups arose in Detroit, Seattle, Gainesville, Boston, New York, and Washington, D.C. Freeman, The Politics of Women's Liberation , 50-51, 56-62, 103-111; Evans, Personal Politics . [BACK]

36. Voices , August 30, 1971, p. 7, Abortion—Ephemera #2 folder, WEF; Palante , March 19, 1971, p. 12, Abortion—Ephemera #4 folder, WEF; Loretta J. Ross, "African-American Women and Abortion, 1800-1970," in Theorizing Black Feminisms: The Visionary Pragmatism of Black Women , edited by Stanlie M. James and Abena P. A. Busia (London: Routledge, 1993), 156. [BACK]

37. John D'Emilio and Estelle B. Freedman, Intimate Matters: A History of Sexuality in America (New York: Harper and Row, 1988), 301-325, 350-354; Anne Koedt, "The Myth of the Vaginal Orgasm," New England Free Press pamphlet, 1970; Ellen Carol Dubois and Linda Gordon, "Seeking Ecstasy on the Battlefield: Danger and Pleasure in Nineteenth-Century Feminist Sexual Thought," Feminist Studies 9 (spring 1983): 7-25. [BACK]

38. Freeman, The Politics of Women's Liberation , 80-81, 153, 171. [BACK]

39. Gordon, Woman's Body, Woman's Right , chap. 5. [BACK]

40. Hole and Levine, Rebirth of Feminism , 296-299; Lucinda Cisler, "Unfinished Business: Birth Control and Women's Liberation," in Sisterhood is Powerful: An Anthology. of Writings from the Women's Liberation Movement , edited by Robin Morgan (New York: Vintage Books, 1970), 311-312. For a photo of a theatrical skit at a New, York City speak-out, see Committee for Abortion Rights and Against Sterilization Abuse, Women under Attack: Victories, Backlash, and the Fight for Reproductive Freedom , edited by Susan E. Davis (Boston: South End Press, 1988), 11. [BACK]

41. Gordon, Woman's Body, Woman's Right , 337-345. [BACK]

41. Gordon, Woman's Body, Woman's Right , 337-345.

42. Ibid., 386-396; Paul R. Ehrlich, The Population Bomb (New York: Ballantine Books, 1968); Garrett Hardin, Exploring New Ethics for Survival: The Voyage of the Spaceship Beagle (New York: Viking Press, 1968). Barry Commoner, however, criticized this kind of thinking among environmentalists and described Ehrlich and Hardin's horrific plans for coercive sterilization and birth control programs as "political repression" in The Closing Circle: Nature, Man, and Technology . (1971; reprint, New York: Bantam Books, 1972), 212. I am grateful to Daniel Schneider for these last citations. [BACK]

43. Hole and Levine, Rebirth of Feminism , 285. [BACK]

44. Mary. Smith, "Birth Control and the Negro Woman," Ebony 23 (March 1968): 29-30. [BACK]

45. Michael Kilian, "Kill Welfare Sterilizing Measure," Chicago Tribune , May 20, 1971, Birth Control—Sterilization folder, WEF. [BACK]

46. "Blacks View Limitations on Number in Family as Genocide Effort by U.S.," Jet 40 (August 5, 1971): 20-21; Smith, "Birth Control and the Negro Woman," 29. [BACK]

47. Jessie M. Rodrique, "The Black Community and the Birth Control Movement," in Passion and Power: Sexuality in History , edited by Kathy Peiss and Christina Simmons with Robert A. Padgug (Philadelphia: Temple University Press, 1989), 138-154; D.C. Star , Aug. 28, 1971, Birth Control—Newspaper Articles folder, WEF. [BACK]

48. Smith, "Birth Control and the Negro Woman," 29. [BACK]

48. Smith, "Birth Control and the Negro Woman," 29.

49. Ibid., 30-31; Ross, "African-American Women and Abortion," 153-154. [BACK]

50. Elaine Brown has written of her life in the Black Panther Party and her realization of the party's devaluation of women in A Taste of Power: A Black Woman's Story (New York: Pantheon Books, 1992). The Panthers, however, supported abortion and birth control on demand; see Ross, "African-American Women and Abortion," 153-154. [BACK]

51. Kennedy quotation in Maxine Williams, "Why Black Women Support the Abortion Struggle," [1971], Minority Women (Black) folder, Newspaper Ephemera (Undated Only), WEF; Representative Shirley Chisolm, "Facing the Abortion Question," excerpt from Unbought and Unbossed (Boston: Houghton Mifflin, 1970), reprint in Black Women in White America: A Documentary History , edited by Gerda Lerner (New York: Vintage Books, 1972), 602-607, quotation on 604; Ross, "African-American Women and Abortion,'' 154-156. [BACK]

52. March 8th Movement, "Abortion-Birth Control—A Liberation for Women or Population Control?" in Position Papers folder, box 7, Jenny Knauss Collection, C.D. McCormick Library of Special Collections, Northwestern University Library; Davis, Women Under Attack , 28-29; Ross, "African-American Women and Abortion," 156. [BACK]

53. NYT February 17, 1969, p. 32; "Black MD Hits Abortion Laws," American Medical News , October 18, 1971, Abortion—Ephemera #2 folder, WEF. [BACK]

54. Arlene Carmen and Howard Moody, Abortion Counseling and Social Change from Illegal Act to Medical Practice: The Story of the Clergy Consultation Service on Abortion (Valley Forge, Pa.: Judson Press, 1973). [BACK]

55. Kathy Christensen, speaker at Pro-Choice Rally, January 22, 1985, Madison, Wisconsin. [BACK]

56. "WONAAC Affiliation Formed at Catholic College," [1972], Abortion—WONAAC #1 folder, WEF. See also Barbara Ferraro and Patricia Hussey with Jane O'Reilly, No Turning Back: Two Nuns' Battle with the Vatican over Women's Right to Choose (New York: Ivy Books, 1990). [BACK]

57. Letterhead, October 12, 1970, Abortion—Total Repeal of Abortion Laws (TRIAL) folder, WEF. The WONAAC Newsletter and the SHA Newsletter , both held in the Serials Collection at Northwestern University Library, document many organizations and activities. [BACK]

58. Keith Monroe, "How California's Abortion Law Isn't Working," The New York Times Magazine , December 29, 1968, pp. l0-11, 17-20; People v. Belous , 80 Cal. Rptr. 354; 458 P. 2d, (1969), pp. 195-196. [BACK]

59. See R. Bolle to Dr. Guttmacher, February 7, 1966; Alan F. Guttmacher to R. Bolle, February 15, 1966; F. Thomas to Dr. Alan Guttmacher, July 31, 1968; AFG to F. Thomas, September 17, 1968 in Correspondence, Guttmacher Papers; Alan F. Guttmacher, "The Genesis of Liberalized Abortion in New York: A Personal Insight," Abortion, Medicine, and the Law , 3d ed., completely

revised, edited by J. Douglas Butler and David F. Walbert (New York: Facts on File Publications, 1986), 229-234. [BACK]

60. Paul Starr, The Social Transformation of American Medicine (New York: Basic Books, 1982); John C. Burnham, "American Medicine's Golden Age: What Happened to It?" Science 215 (March 19, 1982): 1474-1479, reprint in Sickness and Health in America: Readings in the History of Medicine and Public Health , edited by Judith Walzer Leavitt and Ronald L. Numbers, 2d ed., rev. (Madison: University of Wisconsin Press, 1985), 248-258. [BACK]

61. "ISMS Symposium on Medical Implications of the Current Abortion Law in Illinois," Illinois Medical Journal 131 (May 1967): 666-695. [BACK]

62. Robert E. Hall, "New York Abortion Law Survey," AJOG 93 (December 15, 1965): 1182; "Obstetricians Support Liberal Abortion Policy," JNMA 61 (May 1969): 245. [BACK]

63. On the Group for the Advancement of Psychiatry, see Cisler, "Unfinished Business," 309. On the (African American) Detroit Medical Society, see Edgar B. Keemer, "Update on Abortion in Michigan," JNMA 64 (November 1972): 518; also see Era L. Hill and Johan W. Eliot, "Black Physicians' Experience with Abortion Requests and Opinion about Abortion Law Change in Michigan,'' JNMA 64 (January 1972): 52-58. On the American Public Health Association, "APHA Resolutions. 98th Annual Meeting, Oct. 28, 1970. Standards for Abortion Services," AJPH 61 (January 1971): 195. [BACK]

64. "APHA Resolutions," 195. [BACK]

65. Cisler, "Unfinished Business," 310-311; "Changing Morality: The Two Americas, A Time-Louis Harris Poll," Time 93 (June 6, 1969): 27. [BACK]

66. The case is Doe v. Scott , 321 F. Supp. 1385 (1971). My analysis of this legal challenge is based on the original briefs and other materials presented to the federal court, the published opinion, and interviews with the two cooperating attorneys, Sybille Fritzsche and Susan Grossman Alexander. In the text I have used the name that Susan Alexander used at the time, Susan Grossman. I conducted a joint interview with Alexander and Fritzsche, March 8, 1994, Chicago, Illinois, tape in Reagan's possession. This interview is referred to as Alexander and Fritzsche Interview. Additional interviews with Fritzsche, in Chicago on April 6, 1995, and Alexander, by telephone on June 28, 1995, and November 27, 1995, clarified certain points. [BACK]

67. Roy Lucas came up with a nearly identical plan in 1967, published in 1968; see Garrow, Liberty and Sexually , 338, 351-354, 356-357. Doe v. Scott (1971) was started and filed earlier than the Texas and Georgia cases. Alexander and Fritzsche sent copies of their work to Sara Weddington in Texas, Margie Pitts Hames in Georgia, and others; Alexander and Fritzsche Interview. Lawyers around the country shared their strategies, motions, and briefs. See Eva R. Rubin, Abortion, Politics, and the Courts , rev. ed. (New York: Greenwood Press, 1987), 54; Sarah Weddington, A Question of Choice (New York: G. P. Putnam's Sons, 1992), 25-29. The woman who was "Roe" in Roe v. Wade has recently told her life story and of her experience as a subject in the case; see Norma McCorvey, with Andy Meisler, I Am Roe: My Life, Roe v. Wade, and Freedom of Choice (New York: HarperCollins, 1994). [BACK]

68. Alexander in Alexander and Fritzsche Interview. [BACK]

69. As one of the few women in the legal profession, Fritzsche probably would have identified with the feminists in NOW who focused more on workplace issues and less on domestic arrangements. Fritzsche interview with author, April 6, 1995, Chicago. [BACK]

70. In 1969-1970, cases were started in Washington, D.C., Colorado, North Carolina, Washington, Iowa, New Jersey, Texas, Georgia, Kentucky, Missouri, Connecticut, Ohio, New Hampshire, South Dakota, Louisiana, Arizona, and perhaps other states as well. Garrow, Liberty and Sexuality , 377-378, 381-388, 424-428, 432-433. On physicians' attempts to be arrested, see "Black MD Hits Abortion Laws"; Eileen Shanahan, "Doctor Leads Group's Challenge to Michigan Anti-Abortion Law," NYT October 5, 1971, p. 28; "Defend Dr. Munson, Dr. Koome, Dr. Keemer,'' WONAAC Newsletter , December 1972, p. 7, Northwestern University Library. On Keemer's activism, see Ed Keemer, Confessions of a Pro-Life Abortionist (Detroit: Vinco Press, 1980), 215-217, 220-224. [BACK]

71. Alexander in Alexander and Fritzsche Interview. [BACK]

72. Martha F. Davis discusses both the activism of poor women themselves and the lawyers inspired to work on their behalf in Lawyers and the Welfare Rights Movement, 1960-1973 (New Haven: Yale University Press, 1993). [BACK]

73. "Complaint to Declare the Illinois Abortion Statute Unconstitutional and to Enjoin Its Enforcement," n.d., p. 8, Doe v. Scott , 70 C. 395 (Civil Case Files), Northern District of Illinois, Eastern Division (Chicago), Record Group 21, Records of the District Courts of the United States, National Archives—Great Lakes Region, Chicago, Illinois. [BACK]

74. Sybille Fritzsche, Susan Grossman, and Marshall Patner, "Memorandum of Law of Plaintiffs in Support of Motions for Preliminary Injunction and Summary Judgment and in Opposition to Counterclaim and Motion to Dismiss," pp. 15-16, Doe v. Scott (Civil Case Files). [BACK]

75. Grossman, Transcript of Proceedings, September 19, 1970, p. 36, Doe v. Scott , (Civil Case Files). [BACK]

76. Fritzsche, Grossman, and Patner, "Memorandum of Law of Plaintiffs," 6-13, quotation on 11; Griswold v. Connecticut (1965) 381 U.S. 479, phrase at p. 485; Garrow, Liberty and Sexuality . [BACK]

77. Fritzsche, Grossman, and Patner, "Memorandum of Law of Plaintiffs," 7-9. David Garrow argues in Liberty and Sexuality that activists in the 1930s began developing the idea of a right to privacy in reference to the use of birth control, which eventually shaped both Griswold and Roe . Linda Przybyszewski argues that the right to privacy has deeper roots in American history and culture and is part of Americans' long-held fear of government intrusion and abuse. Linda Przybyszewski, "The Right to Privacy: A Historical Perspective," in Abortion, Medicine, and the Law , edited by J. Douglas Butler and David F. Walbert, 4th ed. (New York: Facts on File, 1992), 667-692. [BACK]

78. Alexander and Fritzsche Interview. [BACK]

79. Alexander and Fritzsche Interview. [BACK]

80. "Complaint to Declare the Illinois Abortion Statute Unconstitutional and to Enjoin Its Enforcement," 3-5; physician affidavits and vitas in "Plaintiffs' Exhibits," Doe v. Scott (Civil Case Files). The lawyers did not contact any-

one at Loyola, the Catholic medical school, knowing it would be futile. Alexander and Fritzsche Interview. [BACK]

81. David S. Tatel, "Brief of Amici Curiae, Medical School Deans and Others, in Support of Plaintiffs' Motion for Summary Judgment," August l0, 1970, Doe v. Scott (Civil Case Files). California lawyers had similarly collected a long list of prestigious medical names in support of the Belous case. [BACK]

82. Brief Amicus Curiae of Committee of Concerned Doctors, August 10, 1970, Doe v. Scott (Civil Case Files). [BACK]

83. In order, quotations by Alexander and Fritzsche in Alexander and Fritzsche Interview. [BACK]

84. Fritzsche, Grossman, and Patner, "Memorandum of Law of Plaintiffs," 64-71; emphasis added to quotation from Affidavit of David N. Danforth, M.D., pp. 2-3, July 27, 1970, Exhibit D, "Plaintiffs' Exhibits," Doe v. Scott (Civil Case Files). [BACK]

85. Affidavit of Charles Fields, M.D., August 6, 1970, pp. 2-3, Exhibit E, "Plaintiffs' Exhibits," Doe v. Scott (Civil Case Files). See also Affidavit of Frederick P. Zuspan, M.D., August 5,1970, p. 3, Doe v. Scott (Civil Case Files). [BACK]

86. Doe v. Scott , p. 1389. [BACK]

86. Doe v. Scott , p. 1389.

87. Ibid., 1386-1389, 1391. [BACK]

88. "Abortion Suit Waiting Supreme Court Decision," The Brief (March 1971), no page no.; Kenan Heise, "Marvin Rosner, Physician and Local Activist," Chicago Tribune , October 17, 1995. I thank Susan Alexander for giving me a copy of this obituary. Alexander and Fritzsche Interview; Heffernan v. Doe , appeal filed, 40 USLW 3018 (U.S. March 29, 1971) (no. 70-l06). [BACK]

89. Testimony of Mrs. Anne Andich in "Memorandum in Opposition to State's Attorney of Cook County's Petition For a Writ of Mandamus or Prohibition," filed January 26, 1972, p. 6, Transcript of People ex. rel. Edward v. Hanrahan v. William S. White , 52 Ill. 2d 71, (March 1972), Case Files, vault no. 68793, Supreme Court of Illinois, Record Series 901; Peter Broeman and Jeannette Meier, "Therapeutic Abortion Practices in Chicago Hospitals—Vagueness, Variation, and Violation of the Law," Law and Social Order 4. (1971): 762; Planned Parenthood "Alert," May 1971, folder 1, box 134., accession number 76-116, Chicago Urban League Collection, Department of Special Collections, University of Illinois at Chicago Library. [BACK]

90. Broeman and Meier, "Therapeutic Abortion Practices in Chicago Hospitals," 757-775. The hypotheticals were first used in a survey of California hospitals by Herbert L. Packer and Ralph J. Gampell, "Therapeutic Abortion: A Problem in Law and Medicine," Stanford Law Review 2 (May 1959): 417-445. [BACK]

91. "Free and Voluntary Abortion Is Every Woman's Right," Abortion, 1968-73 folder, Chicago Women's Liberation Union Papers; Hole and Levine, Rebirth of Feminism , 285-291. [BACK]

92. Letter to Congressman Rostenkowski from Chicago, IL, zip code 60647, [1985], Silent No More Campaign, NARAL, Chicago. [BACK]

93. Jean Pakter et al., "Two Years Experience in New York City with the Liberalized Abortion Law—Progress and Problems," AJPH 63 (June 1973): 524-525. [BACK]

94. Interview of Spencer Parsons, October 9, 1992, pp. 1, 4, Paula Kamen Collection. [BACK]

95. Phillip J. O'Connor, "UC Minister to Again Resist Abortion Quiz," Chicago Daily News , April 22, 1971, Abortion—Ephemera #3 folder, WEF; Sheila Wolfe, "Agencies Combine Abortion Referrals," Chicago Tribune , July 1, 1971, Abortion—Ephemera #2 folder, WEF; Carmen and Moody, Abortion Counseling and Social Change . [BACK]

96. Report of the Executive Director, Planned Parenthood Association, Chicago Area, April 1972, folder 9, box 134, Chicago Urban League Collection; Report of the Executive Director, Planned Parenthood Association, Chicago Area, June 1972, folder 10, box 134, Chicago Urban League Collection. [BACK]

97. Letter to Senator Dixon from "Jane Roe," March 30, 1985, Chicago, IL, zip code 60615, Silent No More Campaign, NARAL, Chicago. [BACK]

98. Fritzsche and Grossman knew that many of their opponents, including State's Attorney Hanrahan, were Catholic, but did not consider the opposition to be organized by any church since religious leaders like Rev. Parsons were on their side. Fritzsche in Alexander and Fritzsche Interview. [BACK]

99. Willard Lassers, "Chicago: Police City," The Brief (March-April 1970): 2. [BACK]

100. O'Connor, "UC Minister to Again Resist Abortion Quiz." [BACK]

101. People ex. rel. Edward v. Hanrahan v. William S. White ; "Motion in Opposition to People's Motion for Stay of the Order of the Circuit Court of Cook County, Juvenile Division," January 24, 1972, in Transcript of People ex. rel. Edward v. Hanrahan v. William S. White . [BACK]

102. "Excerpts from Daily News Article, May 4, 1972 by Phil Blake," box 23, Chicago Women's Liberation Union Papers; Arcana Interview, 7, 12; Elze, "Underground Abortion Remembered," 12. On police harassment at peace rallies and so on, see Lassers, "Chicago: Police City." [BACK]

103. "Is Shirley Wheeler Really Free?" WONAAC Newsletter , June 26, 1972, pp. 1, 3; Sherry Smith, "Support Shirley Wheeler," WONAAC Newsletter , October 21, 1971, pp. 1-2, 15, Abortion—WONAAC (1972) folder 2, WEF. [BACK]

104. Keemer, Confessions , 224-228. [BACK]

105. Arcana Interview, 12, 13, 19; Elze, "Underground Abortion Remembered." [BACK]

106. Keemer, Confessions , 233. [BACK]

l07. Roe v. Wade , 410 US 113, 35 L Ed 2d 147 (1973); Doe v. Bolton , 410 US 179, 35 L Ed 2d 201 (1973). [BACK]

108. Roe v. Wade , quotations on 177, 183. [BACK]

109. Doe v. Bolton; People v. Frey , nos. 43729, 45882, Cons. Illinois S. Ct., (1973); People v. Bell , 10 Ill. App. 3d 533 (1973). [BACK]

110. Doe v. Bolton , p. 201. [BACK]

111. Public-health organizations and welfare recipients submitted an amicus brief that focused on the race and class inequality in access to abortion. Susan Alexander telephone interview, June 28, 1995. See Alan Charles and Susan Alexander, "Abortions for Poor and Nonwhite Women: A Denial of Equal Protection?" Hastings Law Journal 23 (November 1971): 147-169. [BACK]

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