Filed at 11:04 a.m. ET
WASHINGTON (AP) -- The public gets a behind-the-scenes view into the
private Supreme Court this week with release of the personal files of the
late Harry A. Blackmun, the justice who authored the 1973 decision that
legalized abortion.
Blackmun's paper legacy, filling more than 1,500 boxes, will be unsealed
Thursday on the fifth anniversary of his death.
It's been more than a decade since intimate details of the court's inner
workings were revealed in Justice Thurgood Marshall's papers, which elicited
bitter criticism within the court because the papers include secret memos
and unpublished draft opinions in controversial cases.
Most current justices are expected to ensure their files and any
embarrassing secrets they might hold will be protected long after their
deaths.
Blackmun, like Marshall, served 24 years on the court and into his 80s.
He accumulated far more correspondence than Marshall.
The appointee of President Nixon ``took copious notes and never threw
away any of his papers,'' Washington lawyer David Frederick said.
Because Blackmun retired in 1994, however, information in his papers will
tend to be dated.
``My expectation is the steak may not live up to the sizzle,'' Supreme
Court historian David Garrow said. ``There will be some human interest
morsels, but those are few and far between relative to the huge amounts of
correspondence that is about how to word opinions in cases that most people
forgot the week after they were announced.''
Of the most interest will be letters and notes about his handling of
abortion cases, as well as any insight into Blackmun's conversion from a
conservative capital punishment supporter to one of the court's most liberal
members who wrote before his retirement: ``I no longer shall tinker with the
machinery of death.''
His authorship of Roe v. Wade brought him more than 60,000 angry letters
and repeated threats on his life.
Blackmun, who died at age 90, served with eight of the current nine
justices. Stephen Breyer was chosen as his successor in 1994.
Marshall had a prearranged agreement for the Library of Congress to open
his files immediately after his death, in 1993. The 173,700 documents
revealed details of the court's back-and-forth deliberation in cases
involving issues like abortion. Chief Justice William H. Rehnquist sharply
criticized the decision to release the papers.
Blackmun also donated his papers to the Library of Congress, more than
530,000 items, with a release date five years after his death.