“You Have No Idea How Important This Is”: Anita Hill’s Testimony and the Arizona Attorneys Behind the Scenes

Anita HillWhen Justice Thurgood Marshall announced his retirement from the U.S. Supreme Court in the summer of 1991, it didn’t bode well for women. Marshall, the first African American appointed to the court, was best known for his expertise and influence on civil rights law, but he had also been a defender of reproductive rights during his tenure in the nation’s highest court. He was among the court majority that legalized abortion in Roe v. Wade, and he again stood up for abortion rights in two later cases, Harris v. McRae and Webster v. Reproductive Health Services.


The impact of Anita Hill’s testimony went beyond the question of Clarence Thomas’ appointment.


Marshall’s decision to leave the Supreme Court was announced during the presidency of George H.W. Bush, who had campaigned on an anti-abortion platform in his 1988 presidential bid. Predictably, Bush used the opportunity to replace Marshall with a more conservative judge. At a press conference on July 1, 1991, President Bush named Clarence Thomas, who was then one of the few African-American judges on the U.S. Court of Appeals, as his nominee.

Thomas had only served 19 months as a federal judge and, at 43, was relatively young for an appointee. Of the justices currently serving, he was the youngest at the time of appointment. Nonetheless, he had a record of statements and judgments that was enough to satisfy the Republican base. Though he had spent eight years as chair of the Equal Employment Opportunity Commission (EEOC), he had been critical of affirmative action and school desegregation initiatives, and he questioned the very idea that the government should take action to address racial inequality. A product of a Catholic upbringing and Catholic schooling, Thomas had called the right of married couples to use contraceptives an “invention.” Groups like the National Abortion Rights Action League (NARAL) immediately spoke out against Thomas’ nomination, expressing concern that his presence on the court could put Roe v. Wade at risk. Continue reading

The Hyde Amendment at 40: Constitutional Rights Are for Everyone … Who Can Afford Them

profileThe debate around the Hyde Amendment has been squarely focused around abortion. Rightly so. The procedure is still a delicate topic, despite approximately 2 out of 5 women getting an abortion in their lifetimes. But the Hyde Amendment has another angle that no one is talking about. Do poor women actually have a constitutional right when they cannot afford access to that right?


The Hyde Amendment turns 40 this Friday. So what’s the Hyde Amendment?


In 1973, the Supreme Court of the United States (SCOTUS) decided that individuals have a right to privacy under the 14th Amendment. Roe v. Wade, along with several other cases, saw SCOTUS reasoning that a right to privacy extends to a woman’s right to an abortion. Women who lived through centuries of dangerous back-alley abortions, botched abortions, and dangerous abortifacient drugs saw Roe as a pivotal case for women’s rights.

Three years after Roe v. Wade — 40 years ago this Friday, on September 30, 1976Rep. Henry Hyde of Illinois attached a rider to the annual appropriations bill. The Hyde Amendment forbade federal funds to be used for abortions. This rider has been renewed yearly, but never officially added to the bill itself. Years later, two more provisions were added to the Hyde Amendment to allow exceptions for the health of the mother and cases of rape or incest. The effect of this provision meant that thousands of poor women would no longer be able to afford an abortion. Their access to a constitutional right had been considerably decreased. Continue reading