People seem to forget that if the Supreme Court at some future point were to overturn Roe, that would not mean abortion would be suddenly illegal all over the country. It would depend on the state laws. It simply would take the decision out of the hands of unelected judges and into the hands of the people’s representatives. Agree or disagree, at least “we the people” could decide.
An interesting fact of the Roe v. Wade decision is that it purports to be based on the Constitution. What provisions of the constitution were cited to make the case? Where do we find the right for a woman to “terminate a pregnancy”? Where do we find the “right to privacy”? We don’t.
Here are the two portions of the constitution that are cited as the “constitutional basis” for Roe v. Wade:
•Amendment #9: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
•Amendment #14: “SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
OK. So where exactly is the provision in the constitution that gives them the right to kill the unborn? Michael Farris is a constitutional attorney, home-school specialist, author, and key leader at Patrick Henry College. He has this to say about the “constitutional” basis of decisions like Roe v. Wade: “They’re just making this stuff up. Show me the amendment. Show me the language. Show me the textual provision, and then maybe I’ll agree with you. But until then, it’s just thin air. It’s smoke and mirrors. It’s a shell game with our Constitution.”
Roe is the quintessential example of judicial activism. Those who approve of it because they like the outcome should recall that at one time an activist Supreme Court declared that slaves (even ex-slaves) had no constitutional rights. That was in 1857 in the Dred Scott decision.
Only a civil war could undo the damage of that terrible court decision.
When Ronald Reagan was asked why he wasn’t pro-choice, he quipped, “Well, I happen to notice that everyone who is pro-choice has already been born.”
I’ll never forget a massive pro-life rally in Washington, D.C. many years ago, where a young man held high a handmade poster proclaiming: “Former Fetuses, Unite!” It may seem comical, but it is obviously true: we’re all former fetuses. Isn’t it time we unite to protect the most vulnerable amongst us?