# Harry Blackmun *Associate Justice of the Supreme Court of the United States, 1970–1994; formerly a Minnesota lawyer and judge of the United States Court of Appeals for the Eighth Circuit* Harry A. Blackmun (1908–1999) was an associate justice of the [[Supreme Court of the United States]] from 1970 to 1994.[^1] He wrote the Court's majority opinion in *Roe v. Wade*, 410 U.S. 113 (1973).[^2] He grew up in Dayton's Bluff in [[Saint Paul, Minnesota]], and was resident counsel to the Mayo Clinic in Rochester from 1950 to 1959.[^3] President Dwight D. Eisenhower nominated him to the [[United States Court of Appeals for the Eighth Circuit]] on August 18, 1959.[^4] On April 15, 1970, President Richard Nixon nominated Blackmun to the Supreme Court. Blackmun was Nixon's third nominee for the seat.[^5] The [[United States Senate]] confirmed him 94–0 on May 12, 1970.[^6] He and [[Warren E. Burger]], who grew up with him in Saint Paul and was then Chief Justice, were known as the "Minnesota Twins".[^7][^8] On the Court, Blackmun joined or wrote opinions in a run of race-keyed cases. In 1978 he concurred in Justice Brennan's view that race-conscious admissions were constitutional.[^9] In 1980 he concurred in upholding race-conscious contracting.[^10] In 1986 he dissented from a ruling against race-conscious layoff protections.[^11] On January 14, 2026, the [[United States Department of Justice]] issued release No. 26-21. Its title was *United States Department of Justice Files Lawsuit Against Minnesota's 'Affirmative Action' Regime*.[^12] ## Early life and education Blackmun was born in Nashville, Illinois, on November 12, 1908. He was raised in Dayton's Bluff, a working-class Saint Paul neighborhood where his father kept a small store. He went to the same grade school and Sunday school as Burger.[^13] In 1925 he finished fourth in a class of 450 at Mechanic Arts High School. A scholarship took him to Harvard instead of the [[University of Minnesota]].[^13] He earned a mathematics degree summa cum laude in 1929. On Burger's advice he then entered Harvard Law School rather than medical school. [[Felix Frankfurter]] was among his teachers, and he took his law degree in 1932.[^13] ## Career Back in Minnesota, Blackmun clerked and practiced privately. He also taught as an adjunct at the [[University of Minnesota Law School]] and at William Mitchell College of Law, then named the St. Paul College of Law.[^14] At the firm now called Dorsey & Whitney, his early work centered on taxation, trusts and estates, and civil litigation.[^14] He married Dorothy Clark in 1941, and the couple had three daughters. He was the Mayo Clinic's resident counsel in Rochester from 1950 through 1959.[^14][^3] ## Court of Appeals Judge [[John B. Sanborn]] Jr., for whom Blackmun had clerked, planned to take senior status and offered to recommend him as successor. Burger, then a judge on the D.C. Circuit, also pressed Blackmun to seek the post.[^15] Eisenhower nominated him to Sanborn's Eighth Circuit seat on August 18, 1959. The Senate confirmed him on September 14, 1959, with an "exceptionally well qualified" rating, and he was commissioned on September 21.[^4] The circuit heard cases from Minnesota, Iowa, Missouri, Arkansas, Nebraska, North Dakota and South Dakota.[^16] Blackmun wrote 217 Eighth Circuit opinions over the following decade. His service there ended on June 8, 1970.[^15] ## Supreme Court The vacancy arose when [[Abe Fortas]] resigned on May 14, 1969. The Senate had rejected Nixon's two earlier nominees, Clement Haynsworth in September 1969 and G. Harrold Carswell in February 1970.[^8] Nixon nominated Blackmun on April 15, 1970, and the Senate confirmed him 94–0 on May 12.[^5][^6] He was sworn in on June 9, 1970, joining Burger on the Court.[^5] The 391 days from Fortas's resignation to Blackmun's oath made it the longest vacancy since 1873–74.[^8] Blackmun served as Circuit Justice for the Eighth Circuit from June 9, 1970, to August 2, 1994.[^8] Burger had recommended Blackmun to Nixon. Blackmun was a lifelong Republican and was expected to read the Constitution conservatively.[^8] From 1970 to 1975 he voted with Burger in 87.5% of closely divided cases and with William J. Brennan in 13%.[^8] The two Minnesotans' later divergence is documented in contemporary accounts of their friendship and rivalry.[^17] By the time Blackmun retired, he was regarded as the Court's most liberal justice.[^27] ### *Roe v. Wade* *Roe v. Wade* was argued on December 13, 1971, and Blackmun was assigned to write the opinion. At his request the case was reargued on October 11, 1972. On January 22, 1973, the Court struck down the abortion bans 7–2, with Blackmun writing for the majority.[^2] According to the project's time table, the opinion's medical framing and trimester test drew on research at the Mayo Clinic library.[^18] Blackmun did not recuse from the case, although he had served nine years as the clinic's resident counsel. The cited record does not address whether recusal was considered.[^3] ### Race-conscious remedies In 1971 Blackmun concurred when the Court approved busing as a desegregation remedy.[^19] In 1974 he joined Burger's majority in *Milliken v. Bradley*, which restricted desegregation remedies.[^20] In the 1978 *Bakke* decision, 438 U.S. 265, he concurred with Brennan that race-conscious admissions were constitutional. He also wrote separately: "In order to get beyond racism, we must first take account of race".[^9] In *United Steelworkers v. Weber* (1979), Blackmun concurred while Burger dissented.[^21] In 1980 he concurred in upholding race-conscious contracting in 448 U.S. 448.[^10] In 1986 he dissented in 476 U.S. 267, writing that he would uphold race-conscious layoff protections.[^11] In 1992, in *R.A.V.*, 505 U.S. 377, Blackmun concurred with Justices White and Stevens. All three agreed the ordinance was unconstitutional but rejected Justice Scalia's content-discrimination framework.[^22] ### Other opinions Blackmun wrote the majority opinions in *Bates v. State Bar of Arizona*, *Bigelow v. Commonwealth of Virginia* and *Stanton v. Stanton*.[^23] He dissented in *Furman v. Georgia* in 1972, siding with Burger and Nixon's other two appointees.[^8] He also dissented in *Bowers v. Hardwick* and *DeShaney v. Winnebago County*.[^23][^24] In *Planned Parenthood v. Casey* he joined part of the joint opinion. He also filed a separate opinion warning that *Roe* was at risk.[^23] ## Relationship with law clerks Blackmun allowed his clerks wide room in drafting. His former clerk Stephanie Dangel has said she wrote his *Casey* opinion. She has also said that an early draft's jab at Chief Justice [[William Rehnquist]] was softened at Justice [[Anthony Kennedy]]'s urging.[^25] In a 1995 oral history with Harold Koh, Blackmun said that clerk Pam Karlan wrote his *Bowers* dissent.[^25][^24] ## Relationship with other justices When Blackmun's papers were opened, they showed critical notes about Justice [[Clarence Thomas]]. In 2001, at the dedication of the Harry A. Blackmun Rotunda in the St. Louis federal courthouse, Thomas spoke well of him.[^26] During an oral argument on October 10, 1973, Justice [[Potter Stewart]] passed Blackmun a note. It reported Vice President Agnew's resignation and a 2–0 Mets lead over the Reds.[^26] ## Post-Supreme Court Blackmun announced his retirement in April 1994 and took retired status on August 3, 1994. President Bill Clinton nominated [[Stephen Breyer]] to the seat, and the Senate confirmed Breyer 87–9.[^27] The seat is now held by [[Ketanji Brown Jackson]].[^27] In 1995 Blackmun received the Jefferson Awards' Senator John Heinz Award. In 1997 he played Justice [[Joseph Story]] in the film *Amistad*.[^27] The Library of Congress released his papers in 2004. They include files from every case and notes passed among the justices.[^27][^28] He also recorded a 38-hour oral history with Koh after announcing his retirement. Scholars including David Garrow have questioned some of his recollections, especially about the *Roe* deliberations.[^27] Linda Greenhouse of the *[[New York Times]]* drew on the papers for *Becoming Justice Blackmun*.[^27] ## Death Blackmun fell at home and broke his hip on February 22, 1999. He had hip replacement surgery the next day at Arlington Hospital. He died of complications on March 4, 1999, at age 90, and was buried at Arlington National Cemetery.[^29] ## In the Minnesota record ### Who - Blackmun and Burger attended the same Saint Paul grade school and Sunday school, and Burger recommended Blackmun to Nixon.[^13][^8] - Blackmun was the Mayo Clinic's resident counsel in Rochester from 1950 to 1959.[^3] ### What - Blackmun wrote the majority opinion in *Roe v. Wade*, 410 U.S. 113 (1973).[^2] - He concurred in upholding race-conscious admissions (1978) and contracting (1980). He dissented in favor of race-conscious layoff protections (1986).[^9][^10][^11] - In *[[Ames v. Ohio Department of Youth Services]]*, 605 U.S. 303 (2025), the Supreme Court held that [[Title VII]]'s disparate-treatment provision "draws no distinctions between majority-group plaintiffs and minority-group plaintiffs". The Court also rejected the Sixth Circuit's "background circumstances" rule for majority-group plaintiffs.[^30] - DOJ release No. 26-21 (January 14, 2026) announced a suit against Minnesota under the title quoted above. Attorney General Pamela Bondi certified the case as a matter of general public importance.[^12] ### When - Nominated to the Eighth Circuit on August 18, 1959; confirmed September 14; commissioned September 21, 1959.[^4] - Nominated to the Supreme Court April 15, 1970; confirmed May 12; sworn in June 9, 1970.[^5][^6] - *Roe* decided January 22, 1973; *Bakke* decided June 28, 1978.[^2][^9] ### Where - Raised in Dayton's Bluff, Saint Paul; Mayo Clinic counsel in Rochester.[^3] - As an Eighth Circuit judge and later Circuit Justice, he oversaw a circuit that includes [[Minnesota]].[^16][^8] ## Notes [^1]: Federal Judicial Center, *Blackmun, Harry Andrew* (biographical directory) — Associate Justice, 1970–1994. https://www.fjc.gov/history/judges/blackmun-harry-andrew [^2]: Supreme Court of the United States, *Roe v. Wade*, 410 U.S. 113 (1973) — argued December 13, 1971; reargued October 11, 1972; decided January 22, 1973, 7–2; majority opinion by Blackmun. https://supreme.justia.com/cases/federal/us/410/113/ [^3]: Wikipedia, *Harry Blackmun* (rev. 1380683595) — Dayton's Bluff upbringing; Mayo Clinic resident counsel, 1950–1959; time-table row on non-recusal in *Roe*. https://en.wikipedia.org/wiki/Harry_Blackmun [^4]: Federal Judicial Center, *Blackmun, Harry Andrew* — Eighth Circuit nomination August 18, 1959; confirmation September 14, 1959, rated "exceptionally well qualified"; commission September 21, 1959. https://www.fjc.gov/history/judges/blackmun-harry-andrew [^5]: Federal Judicial Center, *Blackmun, Harry Andrew* — Nixon's third Supreme Court nominee, April 15, 1970; sworn in June 9, 1970. https://www.fjc.gov/history/judges/blackmun-harry-andrew [^6]: Justia, *Harry Blackmun* (justice profile) — Senate confirmation 94–0, May 12, 1970. https://supreme.justia.com/justices/harry-blackmun/ [^7]: MPR News, *The other 'Minnesota Twins': Harry Blackmun and Warren Burger* (March 13, 2013) — the "Minnesota Twins" pairing. https://www.mprnews.org/story/2013/03/13/the-other-minnesota-twins-harry-blackmun-and-warren-burger [^8]: Wikipedia, *Harry Blackmun*, "Supreme Court" — Fortas vacancy, prior nominees, 391-day vacancy, Circuit Justice service, Burger's recommendation, voting percentages, *Furman* dissent. https://en.wikipedia.org/wiki/Harry_Blackmun [^9]: Supreme Court of the United States, *Regents v. Bakke*, 438 U.S. 265 (June 28, 1978) — Blackmun concurrence with Brennan; quoted sentence. https://supreme.justia.com/cases/federal/us/438/265/ [^10]: Supreme Court of the United States, 448 U.S. 448 (July 2, 1980) — Blackmun concurs in upholding race-conscious contracting. https://supreme.justia.com/cases/federal/us/448/448/ [^11]: Supreme Court of the United States, 476 U.S. 267 (May 19, 1986) — Blackmun dissent favoring race-conscious layoff protections. https://supreme.justia.com/cases/federal/us/476/267/ [^12]: U.S. Department of Justice, Office of Public Affairs, *United States Department of Justice Files Lawsuit Against Minnesota's 'Affirmative Action' Regime*, release No. 26-21 (January 14, 2026) — release title; Attorney General's certification. https://www.justice.gov/opa/pr/united-states-department-justice-files-lawsuit-against-minnesotas-affirmative-action-regime [^13]: Wikipedia, *Harry Blackmun*, "Early life and education" — birth, Dayton's Bluff, schooling with Burger, Harvard degrees. https://en.wikipedia.org/wiki/Harry_Blackmun [^14]: Wikipedia, *Harry Blackmun*, "Career" — Minnesota practice and teaching, marriage, Mayo Clinic post. https://en.wikipedia.org/wiki/Harry_Blackmun [^15]: Wikipedia, *Harry Blackmun*, "Court of Appeals" — Sanborn and Burger's urging; 217 opinions; service ended June 8, 1970. https://en.wikipedia.org/wiki/Harry_Blackmun [^16]: Federal Judicial Center, *Blackmun, Harry Andrew* — Eighth Circuit service hearing cases from MN, IA, MO, AR, NE, ND, SD. https://www.fjc.gov/history/judges/blackmun-harry-andrew [^17]: TwinCities.com, *As friends and rivals, Blackmun and Burger swayed the court* (March 5, 2004) — the Blackmun–Burger relationship. https://www.twincities.com/2004/03/05/as-friends-and-rivals-blackmun-and-burger-swayed-the-court/ [^18]: Wikipedia, *Roe v. Wade* — Mayo Clinic library research; medical framing and trimester test. https://en.wikipedia.org/wiki/Roe_v._Wade [^19]: Wikipedia, *Swann v. Charlotte-Mecklenburg Board of Education* — April 20, 1971; busing approved; Blackmun concurs. https://en.wikipedia.org/wiki/Swann_v._Charlotte-Mecklenburg_Board_of_Education [^20]: Wikipedia, *Milliken v. Bradley* — July 25, 1974; Burger majority joined by Blackmun. https://en.wikipedia.org/wiki/Milliken_v._Bradley [^21]: Wikipedia, *United Steelworkers v. Weber* — June 27, 1979; Blackmun concurs, Burger dissents. https://en.wikipedia.org/wiki/United_Steelworkers_v._Weber [^22]: Supreme Court of the United States, *R.A.V.*, 505 U.S. 377 (June 22, 1992) — concurrences by White, Blackmun and Stevens. https://supreme.justia.com/cases/federal/us/505/377/ [^23]: Wikipedia, *Harry Blackmun* (lead) — majority opinions; dissents; *Casey* separate opinion. https://en.wikipedia.org/wiki/Harry_Blackmun [^24]: Wikisource, *Bowers v. Hardwick/Dissent Blackmun* — text of the dissent. https://en.wikisource.org/wiki/Bowers_v._Hardwick/Dissent_Blackmun [^25]: Wikipedia, *Harry Blackmun*, "Relationship with law clerks" — Dangel's account; 1995 oral history on the *Bowers* dissent. https://en.wikipedia.org/wiki/Harry_Blackmun [^26]: Wikipedia, *Harry Blackmun*, "Relationship with other justices" — Thomas notations and 2001 dedication; Stewart note of October 10, 1973. https://en.wikipedia.org/wiki/Harry_Blackmun [^27]: Wikipedia, *Harry Blackmun*, "Post-Supreme Court" — retirement, successor, awards, papers, oral history, current seat holder. https://en.wikipedia.org/wiki/Harry_Blackmun [^28]: Library of Congress, *Harry A. Blackmun Papers* (collection description) — the papers collection. https://www.loc.gov/collections/harry-a-blackmun-papers/about-this-collection/ [^29]: Wikipedia, *Harry Blackmun*, "Death" — fall, surgery, death March 4, 1999, burial. https://en.wikipedia.org/wiki/Harry_Blackmun [^30]: Supreme Court of the United States, *Ames v. Ohio Department of Youth Services*, 605 U.S. 303 (2025) — Title VII disparate-treatment holding. https://www.supremecourt.gov/opinions/24pdf/23-1039_c0n2.pdf