Today in Supreme Court History: December 13, 1873

12/13/1873: Justice Samuel Nelson died.

Justice Samuel Nelson

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[JoeFromtheBronx]

Fifty-four years ago, Roe v. Wade was argued in front of the Supreme Court (seven justices) for the first time.

Justices Black and Harlan had recently resigned. Black died, and Harlan would be dead by the end of the year.

Jay Floyd, representing Texas, began with an "old joke" about two beautiful ladies (his opponents; only Sarah Weddington argued before the Supreme Court) having the last word.

It didn't go over that well, though ultimately they did -- they won their case 7-2. The Strict Scrutiny Podcast, featuring three women law professors (with a fourth woman, an appellate advocate, initially on board), also used the audio.

The case had by that time been reargued. The final opinion was temporarily overshadowed by the death of Lyndon B. Johnson.