One of my best friends for over 20 years until her death in 1994 was Margie Pitts Hames. Margie was the attorney for the Doe v. Bolton case which was the Georgia Supreme Court case decided along with Roe v. Wade in 1973 that legalized abortion. Doe v. Bolton is the lesser known of the two and was decided on the issues of:
“Doe v. Bolton expanded women’s access to abortion by striking down laws that restricted the reasons for which women could receive abortions.” … the Embryo Project.
On the other hand, Roe v. Wade was decided more on the right to privacy.
Doe v. Bolton has never gotten the same attention and credit for legalizing abortion as Roe has.
At the time of the wine soaked encounter with RBG in the early 90’s, Margie was a civil rights, abortion rights, and women’s rights attorney in Atlanta. She represented most of the abortion clinics in Georgia and lobbied on our behalf at the State Legislature.
So the colorful tale in question happened some time in the early 90’s. My friend Margie was on the national ACLU Board, as was RBG. They were friends and colleagues who often fraternized at meetings and fundraisers. On this occasion, the Bar Association held a meeting at the Cloister at Sea Island, a very stuffy private island on the coast of Georgia. Margie had a house there, where I often visited. On this particular evening, my cousin was staying at her house and Margie told her they were going to meet an ACLU colleague, Ruth Bader Ginsberg at the Cloister fancy white table cloth restaurant. This was probably 2-3 years before RBG was elevated to the Court.
On a side note, this restaurant was so fancy that Margie once mischievously took Julian Bond there just because she knew he would be the only black person there not wearing the customary white gloves of all the servers. She liked to get in good trouble.
When my cousin arrived at the restaurant, Margie and RBG were already at the bar enjoying their adult beverages. Apparently they were in animated conversation about all things legal, fueled by who knows how many glasses of wine. Margie liked her wine.
The three were finally seated at their table, where the lively conversation continued.
To my cousin’s recollection, the two were in disagreement about the fate of the legalization of abortion. They both agreed that abortion would be continued to be challenged on all levels. Margie however felt that Doe v. Bolton (Margie’s case) would survive these challenges better than Roe v. Wade. RBG had the opposite view. She apparently argued that Roe would withstand the test of time better than Doe. The legal intricacies of their discussion were not remembered by my cousin because she isn’t a lawyer, but WOW, would I like to hear it now from start to finish.
Anyhow, the legal chatter continued through dinner until at some point a glass of wine was accidentally knocked over. Then someone took offense. Then someone else threw their wine on the other person. Then wine went flying everywhere. Then dinner rolls went airborne. My cousin was reduced to tears.
The staff came over to investigate the melee and clean up the mess. It was suggested that another party needed that table, so the dinner was ended. My cousin was so horrified, that she immediately left. On her way out, she remembers looking back at the front porch of the restaurant and seeing the 2 powerful women lawyers meekly sitting there quietly chatting. But also maybe quietly changing the world.
I can only imagine that some of RBG and Scalia’s legal wrestling matches had a similar trajectory.
But on a more important note, I think legal scholars, politicians and activists concerned with maintaining the legality of abortion rights in this country should not forget about Doe v. Bolton. For these two great legal minds to intellectually banter the two cases back and forth suggests that there is something more there.
To figure this out, we need to use all the tools at our disposable. Including wine.
It is in your court now.
NOTE: Illustration by my friend Ed Hose of St. Simons Island Georgia. Use permitted with attribution.
