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your eyes

1:01

i think about from the moment was born wanted

1:03

to be president the united states

1:06

are you

1:06

new that's what i wanted to do what

1:08

made you decide that you wanted to go to law school

1:11

that seemed like lot of people went to law

1:13

school the to became president of united

1:15

states

1:18

that an helm she started

1:20

at yale law school in the fall of nineteenth

1:23

the eight

1:24

so we jump some couple of women

1:26

in the class

1:28

four to twenty six

1:30

them and in my class there weren't enough

1:32

men because the vietnam war

1:35

at the beginning of her face sinister it

1:38

seems like all her plan my get

1:40

to out i had

1:42

missed the period and i thought

1:44

i might be praying

1:45

and this is not the way i wanted

1:47

to start law school

1:49

and knew that this was not good time to

1:51

have a baby the she found

1:54

a local obe eg y n and

1:56

she was honest with him she

1:58

said she didn't want to continue the pregnant

2:00

then

2:01

he said oh no most women are

2:04

so happy to hear that they're pregnant and

2:06

they said i'm not an

2:08

i would like to terminate it and

2:10

he said well that's illegal

2:12

in the state of connecticut

2:14

the only exception to connecticut slot

2:17

with if an abortion was deemed necessary

2:19

to save life of the mother and

2:22

and doctor what it make that

2:24

exception they

2:25

said well anything else and he said

2:27

no i can think of anything else but

2:30

good luck

2:33

now she had to look for other

2:35

options

2:36

you get on the phone because every

2:38

woman and every man pretty

2:40

much knows or a woman at even then

2:43

who had an abortion one

2:45

name that kept coming up with nathan

2:47

rap martin

2:50

at one point rather for had burned

2:52

by doctor to maintain

2:54

his anonymity the performed

2:56

thousands of legal abortion and

2:58

had spent nine years in prison

3:01

but he remained unapologetic an

3:03

outspoken here he

3:05

is in nineteen sixty nine one

3:07

of the first rallies for a point

3:11

i am also return

3:13

decision to see to these women see

3:15

, remove you are

3:17

ever since the searches and

3:19

seizures and a boy i

3:22

think that it's about time you're

3:24

just see was return

3:30

he didn't matter to and that rafa for with

3:32

famous she chose him because

3:35

his office was in new york city the

3:37

closest option for someone living in new

3:39

haven connecticut abortion

3:42

wouldn't be legalized in new york for two

3:44

more years the when and

3:46

drove to manhattan with two of her friends

3:49

see what the sir what she was getting into i

3:51

will

3:52

greeted by a very rough edged

3:54

guy at the apartment

3:57

n paid five hundred dollars up front

4:00

money she had to borrow from one of those friends

4:03

the

4:03

them left them in the waiting room and walked

4:06

back to the medical office there

4:08

is it share with us to europe's

4:11

doctor rather poor was in

4:13

a doctor's uniform if you will

4:15

white but the nurse the other

4:17

male wasn't i was

4:20

put completely out unconscious

4:23

when i woke up i did not know how long the the

4:26

had been

4:27

no idea if i had dinner ten

4:29

minutes or ten hours

4:32

i came

4:34

to in that room

4:36

that eventually and didn't

4:38

seal pain immediately and

4:41

dasher rapper poor at that point

4:44

brought out these papers

4:48

the papers had nothing to do

4:50

with and procedure they were articles

4:52

and documents about rappaport legal

4:55

troubles

4:56

then he went over it like page by page

4:59

with me as i was still coming to

5:02

about how she had been

5:04

unjustly punished

5:07

would fare still and stir up

5:09

but and learned that rappaport had

5:11

been arrested in connection to a woman's

5:13

death another woman

5:15

had died and that

5:17

dark reality hit me like

5:19

a punch in gut

5:24

he suddenly went sounding

5:27

in control as the doctor during

5:29

the abortion to them when

5:31

pleading his case and

5:33

asking me to represent him

5:36

i guess knowing that knowing was was student

5:38

if there was anything i could do to get him apart

5:41

in or helped him get his medical license

5:43

back the

5:45

on was still in her first semester of

5:47

law school still trying to process

5:50

what had happened to her and

5:52

guess that how fortunate i was

5:54

not to died in that steer

5:56

of tear as soon as i got

5:58

clear headed enough just went running

6:01

into the waiting room and

6:03

i just let's go let's go let's go

6:09

her friends helped her get out the apartment

6:11

and drove her back to connecticut it

6:14

wasn't comfortable ride

6:16

is bleeding a fair amount

6:18

more than you do when you and straight

6:21

and i was in was lot of pain and then

6:23

i was really scared to the

6:26

i went back to the opie t y and doctors

6:29

had seen when she first realized she was

6:31

pregnant i told him that

6:33

i had terminated the pregnancy

6:35

and that i was in bleeding and in a lot of

6:37

pain and he said oh ,

6:40

now we could perform

6:42

a d and see which is

6:44

just to clean out your uterus is there

6:46

any remnants last could

6:48

arrange to do that and i that

6:51

the see how big of you sure have

6:54

nearly died getting an illegal abortion

6:56

it now you're telling me you can help me

6:58

the

6:59

and didn't end up needing another procedure

7:01

her bleeding stopped on it's own that

7:04

she could not get over what she'd been subjected

7:06

to

7:08

this is furious i was

7:10

furious that i had to

7:13

risk my life for an illegal abortion

7:15

illegal was furious that furious didn't have

7:17

control over my own body i was furious

7:20

that furious that state a whole country

7:23

would place women in jeopardy at it

7:25

went immediately from personal to

7:27

all other women and

7:30

i was bound and determined

7:32

to change there

7:38

is over the i'm

7:41

freezing matthews

7:43

in the early nineteen seventies women

7:46

all over the country were furious

7:48

is some of them channels that raids

7:51

into the fight to overturn miniseries

7:53

abortion

7:58

i've been an attorney though people

8:00

then and ravi ways were

8:03

moving from florida and texas for

8:05

the supreme court and

8:07

first year lost in an hell

8:10

she was about to start her own that

8:12

one that would help transform america

8:15

and ways she never imagine what

8:18

would it take to change the abortion laws in

8:20

connecticut was forces

8:23

were forces up again and

8:25

, faith set the stage

8:27

for the supreme court i

8:30

just was hot to trot to get into for

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each release

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it

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it had that

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way to move money internationally

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join thirteen million people and businesses

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for party saving and try

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wise for free at why's that com

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slash lutheran

9:44

the for abortion with

9:46

legal there were few ways for

9:48

women to find people who had perform

9:50

the procedure there were advertisements

9:53

in all weekly in college newspapers there

9:56

was also an interface religious network

9:58

that helps connect women with

10:00

provider cargo

10:02

, clergy com for patients service

10:05

on problem pregnancies you

10:07

are been answered electronically

10:09

and need only take down the name and

10:11

number of wrong of the for clergymen whose

10:13

names will follow

10:16

but most common way find out how to get

10:18

an abortion the to reach out to

10:20

a woman you trusted hum

10:22

i ask me how you got an abortion

10:25

for girl who was sixteen he wasn't married

10:27

and who didn't want have a baby that

10:29

betty gilbertson

10:31

c and an hill were part of new

10:33

haven women's liberation good

10:36

phone and when the when in fact they weren't

10:38

being listened to in anti vietnam

10:40

war gathering they had

10:42

plenty to talk about on their own in

10:45

fact the had idea for something

10:47

they could do

10:50

so i'm around and talk various ministers

10:52

and doctors and the ,

10:54

either think that you ask about that that

10:57

that faster other people started

10:59

to call the i guess they had heard that said

11:02

i knew how get people abortions which was certainly not

11:04

was truth but i began to get

11:06

calls it fairly regular intervals that

11:08

the in an started making plans

11:12

what i called the underground railroad in

11:14

new haven to get women

11:16

to get safe abortions

11:20

and in her friends found clinic in montreal

11:22

that they so comfortable sending women

11:24

to it , clean facilities

11:27

and professional services they

11:29

made sir said the american women they

11:31

sent north of the border said the smoothest

11:33

trip possible

11:36

we tried to always make sure that

11:38

they had a trusted friend is not

11:40

one of us would go and we

11:42

always wanted make sure that things were

11:44

working well where their next stop

11:46

was we just never

11:48

wanted any woman the all

11:50

alone

11:53

by nineteen seventy hundred stations

11:56

about abortion were happening in public

11:58

they do then had speaking they

12:01

were also taking place in private

12:03

homes

12:04

we did meet a lot in women's

12:06

living rooms nobody was in charge

12:08

of making cookies bet you know if a woman

12:10

hosted something in those days

12:12

anyway woman put out his spread mean

12:15

there is no getting around it

12:17

new haven women's liberation wasn't

12:19

just made up of last season it

12:21

included all kinds of women some

12:23

of them mothers and

12:25

brought tape recorder to one of their meetings

12:29

we we felt the kind of com

12:31

edge of the involved

12:33

, a conspiracy conspiracy

12:35

fantasy that you know it as illegal

12:37

and and also that people really need

12:40

for may have not like that not having

12:43

that south okay made

12:52

point have a women's movement the first place

13:01

for and these gatherings stop

13:03

transform it as if you

13:06

share with the

13:07

woman like your deepest secrets she

13:09

will share her deepest secrets with you this

13:11

system trust hum

13:14

i talked about they abortion

13:16

and found out that other women

13:18

had gone to this humiliating

13:21

terrifying experience and that

13:23

made me convinced even more

13:25

that we had to do something as a group it

13:28

also sought to me

13:30

when i asked and has you balance activism

13:32

with being full time student he

13:34

told me about law school was not that hard that

13:37

she did put her legal education to

13:39

practical use

13:40

i decided i needed do something about

13:43

getting rid of the anti abortion laws

13:45

in connecticut and i thought okay

13:47

we're gonna do this for gonna fight the lawsuit

13:50

and we're gonna get this done the

13:53

god we're gonna get this done as

13:55

women in

13:57

and her friends didn't come up with the lawsuit

13:59

idea on there the the

14:01

concept was being piloted in states

14:03

around country including new jersey

14:05

georgia texas and new york

14:08

during her second year of law school the

14:10

and reached out to one of the attorneys leading

14:12

those effort my name is nancy

14:15

stearns i

14:17

was one of the lawyers on

14:20

a number of cases that

14:22

for the first time really

14:25

raised

14:26

arguments with respect to the unconstitutionality

14:31

a restrictive abortion laws from

14:33

the woman's perspective you

14:35

heard from nancy an episode one

14:37

seized lawyer who helped overturned

14:40

surely wheelers conviction for getting an

14:42

abortion

14:43

and i called and introduce myself and

14:45

see encouraged me to do whatever that

14:47

in connecticut you know and she would stay

14:49

in touch since you know just know issues

14:52

my news from then on she

14:54

just you know she showed me the way

14:56

the and hills group that one really

14:59

important idea from lawsuit nancy

15:01

was working on they shouldn't

15:03

buy any woman to join their seat

15:05

as part of class action these

15:08

women didn't need to have had an abortion joy

15:11

the more women they convince to join the

15:13

easier it would be to get individuals to

15:15

speak because they knew they wouldn't

15:18

be alone they called

15:20

themselves women versus connecticut in

15:24

nineteen seventy and the

15:27

other leaders the started recruitment

15:29

drive rear

15:31

hersman heard their pets when she was grad

15:33

student at wesleyan university they

15:36

played this type of women talking about their

15:38

philly to abortion experience and

15:40

up until that point this wasn't a topic

15:42

that really thought very much a bad and

15:44

remember

15:45

things are bad shape and thinking i wanna

15:47

do something to make sure that no woman

15:49

ever has to tell a story like this again

15:56

when and hill gave these presentations

15:58

she would often told own story

16:00

and he always brought along a bunch

16:02

of brochures on

16:05

, last page of the pamphlet was where you could sign

16:07

up to be a plane as and it was so encouraging

16:10

to see so many hundreds of women

16:13

to take that seat and give it to us at

16:15

the meetings they were just so

16:17

excited to be able did do

16:19

something right

16:21

richmond says she lives in house with a

16:24

other women every ,

16:26

who heard the presentation including

16:28

her signed onto the lawsuit and

16:30

list of plaintiffs the kept

16:32

growing i

16:35

typed it on the selected

16:36

typewriter at the legal services

16:38

us as we had eight hundred

16:40

sixty eight women starting li chance alphabetically

16:43

a b yale e we did it

16:45

alphabetically more came

16:47

in when we just kept amending

16:49

and amending and amending till we had like

16:51

the thousand nine

16:53

the plane and what , that mean

16:55

for a tie for enlist oh

16:58

my god that was hunt that was like that

17:00

hundred pages and it was unite

17:03

for sale

17:03

i didn't run out of wideout or as

17:05

you know the correct tapes that

17:07

it was it was the

17:12

the women of women versus connecticut filed

17:14

their lawsuit on march second nineteen

17:16

seventy one youngest plaintive

17:19

was eleven years old the oldest

17:21

was eighty three the case

17:23

would be officially known as i believe

17:25

versus market i believe for

17:27

the first point of analysts and

17:29

mercosur the state attorney

17:32

than hill couldn't argue the case herself

17:35

because she was stolen law school the

17:37

plaintiffs are represented by six women

17:39

lawyers one of them

17:41

with nancy stearns i

17:44

read an article when i was

17:46

in law school

17:47

the basically was arguing that

17:50

restrictive abortion laws were unconstitutional

17:53

so i always said that in the back of my

17:55

mind and there had been some

17:57

litigation up until that

17:59

point there have never been

18:01

any that i was aware of where

18:04

a woman affirmatively

18:06

went into court the tried

18:08

to get ruling that the laws were

18:10

unconstitutional

18:12

if had done a lot of research and

18:14

lot of thinking

18:16

and she developed an argument that she

18:18

thought could win in court

18:20

if you thought about the way in

18:22

which an unplanned

18:24

pregnancy the unwanted pregnancy

18:27

could restrict your life

18:30

i'm beginning to end that's

18:32

certainly raises the question of liberty

18:35

nancy believes that reproductive rights

18:38

could be protected by the fourteenth amendment

18:40

of the us constitution that

18:43

amendment says that no state shall

18:45

deprive any percent of life

18:47

liberty or property without due

18:49

process of law the

18:51

couple of recent supreme court decisions

18:54

had made the fourteenth amendment look like promising

18:56

avenue one of them

18:58

griswold versus connecticut protected

19:01

the right of married couples to use

19:03

contraception the decision

19:05

in that case was clouded something

19:08

novel a phrase that isn't

19:10

sound in constitution itself the

19:12

right to privacy one

19:15

of the lawyers who helped when the griswold case

19:17

with katie we're back she was

19:19

also i'm a legal team for women versus

19:21

connecticut haiti

19:23

we're back and nancy stearns decided

19:25

to use the same constitutional argument

19:28

that had swayed court and griswold that

19:30

the right to access birth control and

19:33

now to have an abortion was protected

19:35

by this newly and signed right

19:37

to privacy though

19:40

like any hero lawyers they weren't

19:42

going to stake their whole case on a single

19:44

argument

19:46

we also thought about whether of having

19:49

to throw the nine months

19:51

of pregnancy is basically get

19:53

a cruel and unusual punishment because

19:56

of course the man can walk away

19:58

scot free and that

20:02

the attorneys laid out mind different arguments

20:05

for why connecticut's abortion law was

20:07

unconstitutional they

20:09

presented those arguments to panel

20:11

of judges in united states the third

20:15

for an hill and the other women

20:18

this slip a huge moment a

20:20

chance to have their voices heard by

20:22

the men who have the power to schemes

20:24

connecticut's a person law

20:30

the judges the other ideas

20:33

we wanted to call a lot

20:35

of witnesses and that

20:38

three judge panel said you know

20:40

we have all of your affidavit and

20:42

we have all of your are written arguments

20:45

and , think we can decide without

20:47

having hearing so

20:49

they did

20:50

one of the three judges on that panel

20:53

john newman had just been

20:55

appointed by president richard nixon

20:57

i'd only been a judge for two months

21:00

i was than thirty nine years old probably

21:02

too young too become a judge

21:05

but you don't get to pick the are you start

21:07

that's newman's more senior colleagues

21:09

both wanted to issue a sweeping

21:12

ruling

21:13

they thought they had to decide the ultimate

21:15

question of whether though

21:17

at connecticut legislature could protect

21:19

the life of the fetus

21:22

the problem was those two judges

21:24

we're on opposite sides when

21:27

with adamant that the connecticut law outlawing

21:29

abortion should stay on the books the

21:32

other thought just so strongly that

21:34

it should get tested that

21:36

meant judge newman would have to break

21:38

the tie and so he dug

21:40

into the history of the connecticut syracuse

21:43

at that point it was more than one hundred

21:45

years old

21:46

the statute was sponsored by the connecticut

21:49

medical society because

21:51

and eighteen sixty the the data

21:53

was undisputed that

21:56

abortion at that time was more dangerous

21:58

than childbirth it had

22:00

not been passed to protect the lives of the

22:02

fetus but to protect the health of mother

22:05

and in nineteen seventy two

22:07

the evidence was undisputed that

22:10

childbirth was more dangerous to

22:12

the health of mother indeed mother life of

22:14

a mother than abortion

22:16

newman was convinced the lol

22:19

is outdated and needed to be stuck

22:22

it will now to judges against one

22:25

the women we're going to win rear

22:28

hershman remembers how gratifying

22:30

itself this with not

22:32

a standard lawsuit

22:34

this was brilliant and create

22:36

is and unusual and

22:38

feminist and sometimes a peculiar

22:41

legal strategy that

22:43

was taken on in the spirit

22:45

of this

22:46

is what we have to do conferencing

22:49

system that isn't

22:51

used to women rising up and saying

22:53

that's just is not right

22:57

the when will be short lived there

23:00

is backlash brewing all over

23:02

the nation in , seventy

23:04

two that backlash would

23:06

come to connecticut

23:08

i get set up with women's liberation

23:10

is running down motherhood and

23:12

say that it's a menial a degrading

23:14

career and that the home is

23:16

prison for which women should be liberated

23:19

now the home is the most fulfilling place

23:21

for most women

23:24

they'll be back in

23:26

a minute

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24:25

tangible resources and guidance for

24:27

any listeners and need anything

24:30

you presented by maybelline new

24:32

york listen on spotify apple

24:34

podcasts stitcher or wherever

24:36

the get your favorite says

24:39

in the early nineteen seventies the

24:41

abortion rights and anti abortion

24:43

movement worrying clearly aligned

24:46

with any political party

24:48

after that point republicans

24:50

had a pretty liberal track record on

24:52

reproductive healthcare

24:54

leading national figures in republican

24:56

party have been very supportive of what was called

24:58

family planning they

24:59

were poor as a history professor at

25:01

harvard university eisenhower's

25:04

his supporters planned parenthood george

25:06

hw bush is as supporter of planned

25:08

parenthood and contraception

25:09

few

25:12

people will largely responsible

25:14

for that alignment shifting the

25:17

first with a catholic mother of six

25:19

named phyllis schlafly

25:21

the woman today has the freedom of choice

25:23

if she wants to take a job she's hands

25:26

which he says the legal right not so

25:28

is he doesn't the what

25:31

we is powerhouse of american politics

25:33

she's so influential as

25:36

said suburban conservative warrior

25:39

and in the guise of domesticity

25:42

she leaves leaves crusade

25:44

and it is the crusade of conservatism the

25:46

need to save the family

25:49

the kind of barbie doll look doris

25:51

day mcrae like the blonde buffon

25:54

the pink twins said sled her purse

25:56

the a quarrel lipstick that's important

25:58

to her public persona

26:01

actually he's a fierce intellectual and she's

26:04

more ruthless them route most ruthless

26:06

battlefield general

26:09

slavery with national security expert

26:11

who gained influence in republican

26:14

party in the nineteen sixties that

26:16

she didn't present herself as a career woman

26:20

the

26:21

most satisfying rewarding

26:23

career for most women his

26:25

career athena wise and mother

26:28

my husband husband six children know

26:30

that they can first and they are what

26:32

means as most to me

26:35

he became famous for opposing the equal

26:37

rights amendment the effort to

26:39

guarantee equal constitutional protections

26:42

regardless of said he

26:44

argued that women actually said it better

26:46

as things were because they receive

26:48

protections and privileges as

26:50

wives and mothers

26:52

women as should not be

26:54

a equal to man i think

26:56

under our present system in the united

26:58

states are women enjoy

27:00

a very wonderful status

27:02

i think it's better than equality i

27:05

think women would be sacrificing

27:07

a many the good things they now has

27:09

and it would be taking step down words

27:12

at to go for equality

27:14

swap we thought the whole women's liberation

27:17

project was wrong headed that

27:19

feminists for basically rucking

27:21

america he is

27:23

scandalized by them and begins tweed what

27:25

think it's her own women's movement movement of conservative

27:28

women is an anti feminist women's

27:30

movement but it is movement of women and sloppily

27:32

was undeniably the leader of that movement

27:35

and by the early nineteen seventies

27:38

as contraception and increasingly

27:40

abortion laws are changing and states across

27:42

the country softly begins to

27:44

organize around those issues

27:47

a product saw it as a sinister plot

27:50

subject women to the draft unisex

27:52

toilets and possible loss of alimony

27:55

some said it's know the communists

27:59

the anti feminist movement

28:01

picked up follow it

28:03

all over the country submission

28:05

, not mean weakness let me

28:07

remind you what happened the adam

28:10

sacrifice of not civility

28:12

twenty ladies top humans

28:14

have bought him the apples femininity

28:18

was not for voluntary

28:21

the american people and the american

28:23

women do not right he all as i

28:25

do not roberson that they do

28:27

not want lesbian privileges

28:29

and they do not rod universal sales

28:32

hair in hands as a government

28:37

in nineteen seventy two i

28:39

have faith in connecticut started group

28:41

that she called scratch women's

28:43

lib they were done t

28:45

and a bit sarcastic one

28:47

of their picket sign said it's

28:50

a woman squirrels the candidate man's

28:52

world the grass women

28:54

fled didn't just oppose the

28:56

equal rights amendment they also

28:58

campaigned against legalized abortion

29:01

saying there was no such thing

29:03

as an unwanted babies the

29:06

group never attracted a big following

29:08

one their protest drew just

29:10

seven people but the leader

29:13

scratch women's lib claims

29:15

she spoke for connecticut silent the

29:17

already

29:20

the most powerful politician america

29:23

that said the same exact thing do

29:26

you

29:27

the great silent majority

29:30

of , fellow americans i

29:32

ask for your support richard

29:34

nixon gave his silent it's already seats

29:36

in nineteen sixty nine and

29:38

it had nothing to do with abortion

29:41

the with aligning himself with people who still

29:43

supported the vietnam war nineteen

29:46

seventy and nineteen seventy one

29:49

nixon resigned to figure out who else

29:51

he could reach out to

29:53

he is of course obsessed with

29:55

the prospects of his reelection and nineteen

29:57

seventy two you know we know

29:59

because i've the white house

30:01

tape cynics in tapes how can

30:04

he was to listen to schemes

30:06

by which he could make

30:08

this a political issue the

30:11

early one morning drawn

30:14

nick been understood said catholic

30:16

democrats cared deeply about abortion

30:19

though deeply that they might switch their party

30:21

affiliation if he gave them little nudge

30:23

gotta want to press

30:26

for writing letter to a catholic cardinal

30:29

we think support for the cardinals anti

30:31

abortion campaign will be early it's an anti

30:33

abortion ladder what was

30:35

the letter what did it say the new

30:37

saying he has no idea of

30:39

as in the anti abortion letter

30:41

the will do the cardinal said something like

30:43

you been courageous battle or for the

30:45

sanctity of human life and

30:48

abortion laws are bad things

30:50

and so on so forth

30:52

there's no evidence of this was sincere moral

30:54

conviction on nixon's part i

30:56

think his advisors especially

30:58

be canon pat buchanan the

31:01

convince him that he can be manufactured

31:03

into a single issue vote getter

31:06

in nineteen seventy two pat buchanan

31:09

put together what he calls and assault

31:12

mr the issues republicans needed

31:14

focus on to win that november

31:17

the number one item on that list abortion

31:23

even though abortion reform had popular

31:26

support in connecticut state

31:28

may have been more receptive to richard

31:30

nixon's message sent anywhere else

31:32

in america hello again

31:35

we were in maybe the most catholics state

31:37

in the the country

31:38

and we knew that it

31:40

, run by catholic men and

31:43

we knew that

31:44

one of the man in charge was connecticut's

31:47

republican governor the

31:48

army mass scale little tommy meskill

31:51

she was sort any

31:53

always carried always little sense

31:56

of as depth that he would put

31:58

behind every podium because otherwise

32:00

wouldn't see his head over the podium years maybe five

32:02

foot cipher to an

32:04

issue was opposing us and his

32:07

attorney general were posing as at

32:09

every turn

32:10

hamas mezcal was not happy that

32:12

the district court have legalized abortion

32:14

in connecticut and he was determined

32:17

to do something about it the

32:19

knicks been appointee john newman had

32:21

struck down the states abortion law but

32:24

judge newman didn't close the door

32:26

for politicians like mescal

32:28

my opinion left it open

32:30

to the connecticut legislature if they wish

32:32

to to come back with statute

32:35

specifically protecting the

32:37

life of the fetus that

32:39

goal wasn't going to pass up that opportunity

32:43

the governor believes life began at conception

32:46

the

32:46

story and amy cattlemen has studied

32:48

women versus connecticut extensively

32:51

the governor see

32:53

done that

32:55

one sentence since he appeared and

32:57

decided he would pursue another

32:59

law that had had

33:02

that said the purpose of this

33:05

is to protect unborn life

33:10

within weeks maskell called

33:12

the connecticut legislature into a special

33:14

session the governor had a cozy

33:17

relationship with those politician the

33:19

are predominantly male here's

33:22

how paternalistic that group was

33:25

the capital had special dining

33:27

hall for the lawmakers hard

33:29

the hawaiian room in

33:32

the even women legislators we're

33:34

not allowed inside the

33:36

unless they were accompanied by a man

33:39

one state rep said all she could do

33:42

stand up the door and hungry

33:46

the man who hung out in the hawaiian room

33:49

would be the ones deciding the teacher of abortion

33:51

in connecticut before

33:53

they voted the bill got debated

33:55

at a public hearing the

33:58

men verses connecticut soda powerpoint

34:01

and the place when was crazy i

34:03

mean whoop there are hundreds of us their the

34:06

anti abortion side came out till

34:09

they were just mostly men and

34:11

yeah they were there's some women there were some

34:13

phyllis schlafly types the

34:15

house minority leader told the crowd

34:18

that feet aside was just as wrong

34:20

as homicide a genocide he

34:23

said we must not allow the law

34:25

of sodom and gomorrah to replace the

34:27

law of sinai i

34:29

called them seat is fetishists

34:32

they were talking about when life

34:35

begins they were talking

34:37

about the see this they

34:39

didn't talk about women one

34:42

, the main speakers and an side was

34:44

the attorney katie we're back katie

34:47

pointed out that she was the first woman

34:49

said she kept

34:51

in said serve

34:53

the committee kept banging on his cattle

34:55

it can be separate and then they was

34:57

the of these responses

35:00

on the audience and everyone

35:02

was cheering for her and

35:04

he kept saying this is not ball

35:06

game be quiet then

35:08

of course the committee met and

35:11

yet past tommy spill

35:18

that's five weeks after the district

35:20

court had ruled in the women's favor

35:23

abortion was outlawed in connecticut

35:25

again the time with

35:27

even harsher penalties

35:30

more after quick

35:34

this episode is brought to by sea

35:37

when sunscreen and say jason for full

35:39

of how's the first aid and control

35:41

for outdoor the as a a healthier

35:43

summer group of feel for

35:45

you the shop and hey i'm from earth us

35:48

as for you your samaras good athlete

35:50

get ten dollars extra bucks your words when

35:52

you saw thirty dollars or select products

35:54

no matter what you have plans of

35:56

your summer starts at cb the

36:00

yeah

36:07

i want take a moment to acknowledge the

36:10

international womens media foundation

36:12

the global non profit that funds an

36:14

supports women and non binary journalists

36:17

they , this value of our reporting and

36:19

dove in early to make slogan seventh

36:21

season possible possible

36:24

i wm f has enabled this type

36:26

of work her more than thirty years

36:28

and they can use your support to check

36:30

them out at i wm after org

36:33

i wm slow them non social media to

36:35

learn know

36:39

the women of women versus

36:42

connecticut or angry when state

36:44

legislature a lot abortion again

36:47

they were also prepared though

36:50

that happened on

36:51

may twenty third and we were

36:53

ready for it so we were back in court

36:56

on may twenty six

36:58

the second case was almost identical

37:01

to the one that came before that

37:03

now instead of fighting law

37:05

that had been passed in the eighteen sixties

37:08

they were fighting one that had gone through just

37:10

a few days earlier the

37:13

same three judges including john

37:15

newman would hear the new case

37:17

at a federal courthouse in connecticut

37:20

it's a large court room rather

37:22

handsome has

37:24

a couple of portraits on the walls

37:27

rather dignified

37:29

rear hersman had signed on as plaintiffs

37:32

in women versus connecticut after she'd

37:34

heard their pitch and the like

37:36

with all these weird

37:37

sitting behind the women attorneys it

37:39

was a wonderful seen we used to joke about

37:41

who the friends of the bride and

37:42

the friend to the groom and , side

37:45

was empty except for a few men

37:47

and and then the mail attorneys by

37:50

this point and had finished law

37:52

school and path the bar exam

37:55

the i could be with their lawyers in front

37:57

of the biden have to be sitting back in the pews

37:59

with the congregate then

38:01

the remember what you war to court that day

38:03

oh , gosh gosh we were

38:06

we slacks to court

38:08

and i'm telling you in

38:10

those days and woman wearing pants to

38:12

court for pants anywhere

38:15

you were immediately women's liberation

38:18

you were was nuts

38:21

the first time around the three judges

38:23

had decided they didn't need to hear any

38:25

arguments that they could decide

38:27

the case on their own this

38:30

time they changed their minds

38:33

that meant them of their two thousand named plaintiffs

38:35

thought details the tories inquiry the

38:39

women would just talk about the

38:41

horrible things that

38:43

the or terminating pregnancy

38:45

legally and caused their lives

38:47

were their fear of not being able terminate a pregnancy

38:50

and so these are incredibly moving

38:52

stories and i think

38:54

there was a dry eye

38:56

it was amazing to see

38:59

so many women in court you know these

39:01

were secrets that we had shared but

39:03

now they were telling their truth on there

39:05

could in a federal court

39:11

the attorneys representing the state of

39:13

connecticut argued that life begins

39:15

at conception that fetus

39:18

has rights that need to be protected one

39:21

doctor testified that he didn't perform

39:23

abortions because he considered

39:25

both the mother and fetus his patient

39:29

there was also canadian physician the

39:31

showed short film a tiny fetus

39:33

is getting probed with needles

39:36

then

39:37

there would be this hand reaching

39:39

and with like big needle and poking

39:42

their , this in fetus would move around

39:44

as anything in the in

39:46

this liquid would move around around

39:49

he was explaining to the court that this

39:51

that with cetus's

39:53

god knows where he got some showed

39:56

that the cetus's had fear and

39:59

the seat he's had a

40:01

real emotions then

40:04

one of the lawyers for women versus connecticut

40:06

dot to cross examined him she

40:09

was as you michael where

40:11

did you catch fish you these

40:14

views and you're saying that

40:16

because the the

40:19

does moves in the liquid when

40:21

you pocket that

40:24

you is an indication that it's has

40:26

an emotion and he

40:28

didn't answer anything very well

40:30

at all and finally got off the sand

40:33

the sand in a house

40:35

then again it will be up to the three

40:37

judge panel to food food made

40:39

the better case just like

40:42

before

40:43

one judge wanted to leave the abortion

40:45

ban in place and another

40:47

wanted to repeal it

40:49

because for them is

40:51

a case was no different than the first

40:53

case

40:55

and fell for second time

40:57

john newman would break the tie i

41:00

certainly knew my vote was gonna be decisive

41:03

this time new men wasn't so sure

41:06

what he wanted to do the question

41:08

he was facing felt more complicated

41:10

than anything he'd ever rule done

41:13

usually when as constitutional dispute

41:16

the nature of the interest on the stateside

41:19

is clear this interest

41:21

was different from any other interest

41:23

i'd ever seen because once

41:25

the interest was interest was was of dispute

41:28

among the public

41:30

newman found nancy stearns and katie

41:32

were back privacy argument to be

41:34

persuasive then

41:36

i started by saying yes

41:39

the can scream court recognized as

41:41

a woman's right to privacy

41:43

in matters of marriage and sex

41:46

but he also acknowledged that the people

41:48

worried about the fetus had a point

41:51

so then they said well what we're really

41:53

doing is making sure

41:55

that this fetus has an opportunity

41:57

to be more well that

41:59

interest seem to me to be quite

42:01

significant and , thought

42:04

the state does have some interest in

42:06

having a fetus to become

42:08

a child

42:10

newman thought the fetus to be protected

42:12

but he didn't think that protection

42:15

should always outweigh the woman's right

42:18

it seemed to me that the state's interest

42:20

only became compelling after viability

42:23

because if the fetus was aborted before

42:26

viability that fetus could not become

42:28

a porn trial

42:33

by ability is the moment when

42:36

fetus can survive outside

42:38

of the womb

42:39

it had never been constitutionally

42:41

significant standard instead

42:44

many statutes focus on quickening

42:47

the moment when woman can feel fetal

42:49

movement

42:50

that's what the rule have been in florida when

42:52

shirley wheeler got convicted of manslaughter

42:56

that's newman thought of viability standard

42:58

made more sense after that

43:00

moment he thought a fetus the

43:03

name legal protection

43:05

the early nineteen seventies the

43:07

consensus was that viability

43:10

comes a few weeks after quickening

43:12

around twenty eight weeks into pregnancy

43:16

newman didn't know the exact number

43:18

of weeks in his opinion he understood

43:20

that the viability threshold might

43:22

change as medical science advanced

43:25

he was right about that the

43:27

day comes at roughly twenty three

43:29

or twenty four weeks

43:33

that human say

43:35

is that banning abortions three viability

43:38

violated women's constitution

43:40

the like awad

43:43

could not stand and

43:45

, nancy stearns and the two

43:47

thousand plaintiffs had one again

43:50

abortion was legal in connecticut

43:55

and do you remember celebrating this time

43:57

i , we were so

44:00

the and it wasn't that we

44:02

didn't know how the party but

44:04

we didn't says times the

44:07

and did find time to pour over

44:09

judge newman's opinion in i believe

44:11

or says merkel i

44:14

love reading at it was so gratifying

44:16

because gratifying lot of times of in

44:18

both those decisions we felt that they stole

44:21

from us which is

44:21

fine said is complete your i see

44:24

no thanks to take some your base

44:26

and you know when you

44:28

when a case big

44:30

it when they use your words

44:32

and so that as release

44:34

satisfying

44:36

a lawyer if they're when infosys connecticut

44:39

told reporter all women

44:41

have won today there

44:43

would still be one more roadblock connecticut

44:46

government appealed to the supreme

44:48

court which quickly issued his

44:50

own decision the safe

44:52

abortion ban would stay in place in

44:55

kill the nine justices ruled on different

44:57

case just a few weeks

44:59

after judge newman released his opinion the

45:02

supreme court heard another round

45:04

of oral arguments in that case roe

45:07

v wade

45:11

somebody told me about the argument

45:13

in rows and lawyer for

45:15

the women sarah wellington

45:18

was trying to tell the court about

45:20

my union and she said there's

45:22

this opinion from district judge in

45:24

connecticut

45:25

one of the case is decided since

45:28

our last argument december thirteenth was

45:30

the second connecticut say

45:33

marco wage

45:36

, juice on

45:39

and then she said i've forgotten his name

45:42

chief justice war

45:43

in burger interjected excuse

45:46

, feeling dazed and

45:48

said his name his newman mainly

45:50

around the opinion here thank you

45:52

in bad taste that reaches for

45:54

tells connecticut statue

45:56

flatly realized that you john

45:58

newman is ninety the earth on the then

46:00

he still serving as a judge the

46:03

remains pretty modest about all this

46:05

i have no illusions had my opinion

46:08

had any bearing on the outcome

46:10

of row row is gonna be decided the way

46:12

they were gonna decide it but

46:14

i think my opinion did at least

46:17

the concept of viability into

46:19

their thinking

46:22

newman wasn't the only person says

46:24

efforts were recognized by the supreme court

46:27

a , of what the women said said

46:29

put in footnotes by justice

46:31

blackmun in rosie in

46:34

cause or is it was i guess the only

46:37

cheering , abortion case

46:39

in said the court in the country where

46:42

women were actually heard

46:48

the ended in try to be considered into the

46:50

united states

46:52

instead he had found a

46:54

public interest law firm thick

46:56

the can't win in educational illegal

46:59

and she says that women versus

47:01

connecticut changed her life it

47:04

empowered me as a person

47:06

and an empowered me as a lawyer space

47:09

thought that lawyers can make

47:11

change and it was just

47:14

exhilarate

47:15

we believe them and

47:17

when i believe now that women as you

47:19

the freedom house i'm a culture

47:21

that still defines hands as

47:24

daughter's wives and mothers and we just

47:26

have to be free speech to human

47:28

beings and

47:30

we don't expect it those things are

47:32

be given to us and that's why we put together

47:34

wound risque get we knew we had mistakes

47:36

the

47:41

next time i'm slow burn the

47:43

, for legalized abortion reaches

47:45

the end of the lives lives sense

47:48

of know v wade was you know the

47:50

surfboard of top of that way with misery

47:52

a wave it became

47:54

wave rod for politics

47:57

and for the school

48:19

can a new supervising producer

48:22

of their

48:24

editorial direction they just within

48:26

their time and johannes own merit

48:29

, that is our technical director or

48:32

theme music was supposed like to

48:34

put out derrick johnson

48:36

did our com i'd say senate photo

48:38

provided by the have a feeling we

48:41

, research help from britain that

48:43

and of the audio you no sense

48:46

in an hill this reporting

48:48

was supported by the international

48:50

women's media foundation howard

48:52

the better find for women journalists

48:55

we also have a special announcement were

48:58

, live event event youre

49:00

in new york on thursday june twenty

49:02

third join us at the bell house in

49:04

brooklyn to hear a special slow burn

49:06

live burn and hear from some

49:08

special get including my colleagues

49:10

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