Auction Ends Friday, March 3, 2023 5pm Pacific
This lot is closed for bidding. Bidding ended on 3/3/2023
Extraordinary archive belonging to lawyer Linda Coffee regarding one of the most consequential cases argued before the U.S. Supreme Court: Roe v. Wade. In 1970, Coffee filed the historic lawsuit in Texas that upon appeal to the Supreme Court would give American women the right to an abortion for nearly 50 years. This collection documents the entire journey - from the letter Coffee wrote to Sarah Weddington proposing that the two women work together ''to challenge the Texas Abortion Statute'', to the receipt for $15.00 given to Coffee after filing the case in Texas, to the original affidavit signed by Norma McCorvey (''Jane Roe''), to the Supreme Court quill pens given to Coffee by the Court after successfully arguing the case. The archive contains nearly 150 pages of documents and letters related to the case, plus personal effects such as Coffee's law license, bestowed upon her in 1968 only two years before she would file Roe v. Wade.
After filing the original lawsuit on 3 March 1970 (the 53rd anniversary of this auction), Coffee and her co-counsel Sarah Weddington argued the case before the 5th District Court in Texas, chaired by three federal judges including Sarah T. Hughes, famous for swearing-in Lyndon B. Johnson aboard Air Force One, and also the judge for whom Coffee had previously clerked. Although this Texas court awarded Coffee and Weddington declaratory relief (they won the case challenging Texas' archaic abortion law), it would not award injunctive relief, meaning that Texas could still prosecute based on the law. As a result, both the state of Texas and Coffee and Weddington appealed the decision. The case was ultimately heard before seven Justices of the U.S. Supreme Court on 13 December 1971, and then again on 11 October 1972 in front of all nine Justices as the Court believed it was too important a case to be decided without a full court. On 22 January 1973 the Supreme Court ruled 7-2 that women have a constitutional right to an abortion.
Particular standout items include:
Original notarized affidavit signed in blue ballpoint by Norma L. McCorvey, "alias Jane Roe", dated 21 May 1970, as part of a motion for summary judgment. The 10-point affidavit clearly states McCorvey's reasons as to why she wants an abortion and also states that she can't afford an illegal abortion that's available in Dallas by "competent licensed physicians". Three-page affidavit measures 8.5" x 14" on three separate sheets.
Two receipts, each for $15 and dated 3 March 1970, from the U.S. District Court for the Northern District of Texas, with Coffee's name handwritten at top. The first receipt is for filing ''Roe vs. Wade'' with its case number CA-3-3690-B also noted. The second receipt is for ''Doe vs. Wade'', a case ultimately found to be moot which was filed by Coffee on behalf of a married couple who didn't wish to have children in the future. Each receipt measures 5.75'' x 6.5''.
Coffee's retained copy of the letter that she wrote to Sarah Weddington regarding the possibility of working together on an abortion case. In this charming letter dated 4 December 1969, Coffee writes in part, ''I am very enthusiastic about the possibility of your organization in Austin...bringing an action to challenge the Texas Abortion Statute...Would you consider being co-counsel in the event that a suit is actually filed. I have always found that it is a great deal more fun to work with someone on a law suit of this nature...I will be looking forward to hearing from you soon...'' Single page letter measures 8.5'' x 11''.
The two quill pens given to Linda Coffee by the Supreme Court for arguing the case before the Court in 1971 and 1972, an honor bestowed upon lawyers who argue a case before the nation's highest Court. Each pen measures 10" long, framed together in a shadow box. With LOAs signed by Coffee for each of the pens.
Coffee's law license from the State of Texas, dated 13 May 1968 shortly after she graduated from the University of Texas Law School in 1968. Partially printed document has embossed gold seal at lower left and is signed by Coffee on verso. Measures 11.5'' x 10.25''.
Beyond these individual items, the collection includes dozens of documents - some original and some Coffee's file copes, documenting each stage of Roe v. Wade as it progressed through the appellate system. This portion of the archive includes two documents hand-signed by Sarah T. Hughes, one dated 3 April 1970 advising of a pre-trial conference and one dated 14 April 1970 ordering consolidation of the two cases Roe v. Wade and Doe v. Wade. Another letter dated 19 March 1970 signed by lawyer Roy L. Merrill notifies Coffee of an ''Application to Intervene'' with the case of Dr. James Hallford for performing illegal abortions; Dr. Hallford's case was ultimately added to Roe v. Wade.
Coffee's file copies of their Motion for Summary Judgement are also included, as are documents regarding Dr. Hallford's inclusion and, significantly, the 15-page Judgment of the Texas court, ruling in favor of Coffee and Weddington. After the Texas decision, documents include both Coffee/Weddington's and Texas' Notice of Appeal to the Supreme Court, accompanied by Coffee's original certified receipt of delivery, postmarked 19 August 1970. The 5-page Brief for Appellant filed by Wade's office is also included, making its case for the Texas abortion laws. With many other documents, including an Affidavit in support of a Temporary Restraining Order for ''Jean Poe'' to join Roe v. Wade; Jean Poe was the pseudonym for a 13-year-old who became pregnant after being raped by her father. Also included is Texas' Motion to Dismiss Doe v. Wade, comprised of three pages each signed by Assistant DA of Dallas County Wilson Johnston - who served as Attorney for the Defendent, DA Henry Wade, and a 3-page copy of its Brief and Original Answer for Roe v. Wade, along with the accompanying letter signed by Assistant DA John B. Tolle. With much more legal paperwork related to the case.
An additional layer of this unparalleled archive involves documents by leading feminist and abortion lawyers of the day, including Margie Hames and Sylvia Demarest. An autograph letter signed by Hames (who argued the abortion case Doe v. Bolton before the Supreme Court) reads in part, ''Linda, I am very anxious to receive a copy of your jurisdictional statement in Roe v Wade if you have an extra copy...Margie Hames / P.S. Lawyers here speculate that the Texas and Ga cases might be consolidated!! Then we could depend on you for the weight of the oral argument too!!...'' A Motion of Amicus Curiae with Hames' handwritten notes accompanies the letter. Another letter signed by Demarest with subject of ''Abortion Case'', requests a copy of the pleadings. Also included are several documents from Roy Lucas, the James Madison Institute lawyer who assisted Coffee and Weddington with their Supreme Court appeal, including research on abortion cases hand-edited by Coffee. A handful of letters of congratulations and support by abortion rights lawyers fill out the collection, along with a few amicus curiae briefs.
Finally, more of Coffee's personal mementos comprise the collection, such as two 5'' x 7'' photos of her mentor Sarah T. Hughes. A warm photo of Coffee and Weddington is also included, on the occasion of a 1990 event honoring the two women. Numerous news clippings that Coffee collected during the process are also included. Items in the collection range from good to near fine condition, with most very good; condition reports available upon request.
One of the most significant archives in U.S. legal history given the profound impact of Roe v. Wade. A complete list of contents can be found here: Roe v. Wade Collection
Linda Coffee's Roe v. Wade Archive -- Includes Affidavit Signed by Norma McCorvey aka "Jane Roe", Quill Pens Given to Coffee for Arguing Roe v. Wade Before the Supreme Court, Case Documents & More
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