Three reasons Roe v. Wade will fall

The U.S. Supreme Court-imposed abortion-on-demand regime of Roe v. Wade will one day fall. Why?

Roe will buckle under the weight of reason. “As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible,” notes Edward Lazarus, former clerk to Justice Harry Blackmun (author of Roe) and supporter of legalized abortion. The U.S. Constitution cannot plausibly or rationally be said to include a right to abortion that precludes states dealing with this issue. Even the Court itself, when narrowly upholding Roe in 1992 (in Planned Parenthood v. Casey), could appeal only to stare decisis (i.e., past decisions should be reaffirmed because they are past decisions) and to virtual nonsense about “the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”

Roe will buckle under the weight of democracy. The Court in Roe, without constitutional warrant, usurped the authority of the American people to determine abortion policy. This “exercise of raw judicial power,” as Justice Byron White put it, struck down the democratically-decided abortion laws of all 50 states and imposed a nationwide policy of abortion on demand whether the people like it or not. The radical extent of the Roe regime was not and has never been even remotely consistent with public opinion (polling on this question is often inaccurate, and ignorance of the extent of Roe is widespread). Roe has disenfranchised millions of Americans, fostering divisive cultural and political battles.

Finally, and most importantly, Roe will buckle under the weight of human rights. It decided that an entire class of innocent human beings must be excluded from legal protection and allowed to be killed for any reason. Roe, like Dred Scott v. Sandford before it, is profoundly unjust and contrary to the equal fundamental dignity and right to life of all members of the human family. And the consequences of the Court’s folly—55 million unborn human beings killed, many women (and men) hurt emotionally, psychologically, physically—have been nothing less than catastrophic.

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3 Comments

  1. And one more reason: ‘choice’ will fall under the weight of greed. Because as the numbers released yesterday say, the US birth rate has fallen to the lowest level since records were kept (Europe and Asia reached that sea-level already). Eventually they will give up their failed tepid attempts to induce the women they force-fed the concept of ‘choice’ to bear children, just about the same time they realize their profits, once pumped up with women’s labor, will not recover unless they get fresh blood to prime demand. Those who run our world will wake up one morning realizing they need those babies. And then, without the loving reign of Christ the King in our nation, with marriage discarded, with women already enslaved in the sex trades, with love turned into pornography, we will enter a new historical phase, and we will see what that our science fiction flics, our horror flics, were just licking around the edges of the special pain only women can suffer when God is subtracted but fertility is restored. The Handmaiden’s Tale will be the new romance. Yes, Roe will fall. But without the Catholic state, it will not be the good thing we hunger for. Please, see there is no ‘fixing’ our nation in pieces one by one. There are no part-time reform efforts that will restore the sweet spot on the down-slide secularism once briefly occupied. Even the end of Roe will only strengthen Yahoo fascism. Worse things to come–unless we Americans give up the American heresy. This post is right, abortion will fall, and I fear for women as never before.

  2. Think of those 55 Million, people that were destroyed in the U.S.A, they MAY have been Tax Paying Citizens, paying for the Baby Boomers Retirement (Social Security)! With the BirthRate dropping, who is going to take care of the Future Aging Population, whether it be Entitlements or Health Care Provider’s (Nurses,Nurses’s Aides)!
    Even if, Roe vs. Wade falls, the Damage has been done!
    How do you Change a Diminished Morality amongst the People?
    Is it even possible?
    I am afraid, the Cultural Glass is half empty, instead of half full!

  3. The three reasons given in this post are an exercise in articulate wishful thinking. None of them applies.

    Janet is closest to the mark. I would rephrase “greed” to “economic necessity and survival.” This goes beyond providing fodder for the IRS and the military cannons. It goes to rescuing the very rudiments of civilization. In another word: survival.

    None of these arguments means that the Roe decision will fall. Only that it will someday be marginalized. To what extent remains to be seen.


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