Roe is Buried; Privacy Rights Survive

Roe v. Wade has been reversed, as expected. By rejecting a ruling that was incorrect from the start, the court eliminated the fundamental right to abortion proclaimed almost 50 years ago. 

The Roe era will be remembered as a time when liberal elites arrogantly thwarted democracy on controversial cultural and moral issues. It’s a pivotal point in the fight against abortion. 

Wider Political Debate

No, this ruling doesn’t stop abortion; it just begins a broader political debate over abolition. It’s a breakthrough because the matter will ultimately be settled democratically. 

As Justice Brett Kavanaugh remarked in his opinion, “this court will no longer consider whether abortion must be permitted through 6 weeks, 12 weeks, 15 weeks, 24 weeks, or some other line.”

The court will no longer examine the pregnant women and fetal life interests.

As the Constitution requires, these complex moral and policy concerns will be determined by the citizens and their elected officials through democratic self-government. 

Leftists give lip service to our Constitution when it benefits them, but they don’t believe in self-government and majority rule. They’d support it otherwise.

Many states have banned abortion. In many places, the majority supports the current abortion laws. In others, a political battle is brewing. Every case will be decided democratically. 

As the left panics about this judgment, the public hears every slippery slope argument. Abortion absolutists, shocked by the lack of concern over the leaked Dobbs v. Jackson draft, say same-sex marriages and contraception will come next.

Roe relied on Griswold v. Connecticut and the premise that persons had a “right to privacy” under the Ninth Amendment, though not explicitly expressed in the Constitution. 

Flawed Argument

Their line of argument contains two errors.

First, the question of whether or not birth control is lawful is one of political consensus, in spite of Justice Potter Stewart’s outstanding dissent in the Griswold case. The two parties support birth control.

Second, Dobbs observes that abortion is different from “intimate sexual encounters, contraception, and marriage” since it ends a human life and hence invokes a substantial state interest.

Alito notes “this essential contrast” between abortion and other rights. 

The response of those who support the sanctity of human life must go beyond simply passing legislation.

Since the turn of the century, restrictions on abortion have, without a doubt, had a role in the United States’ lower abortion rates. The majority of voters in each state support tightening abortion restrictions in the second and third trimesters.

Because abortion will remain legal in most states in the near future, it’s not enough to outlaw it when possible. A pro-life reaction to this ruling must aid mothers through unplanned pregnancies.

The state and public society must work together to give moms experiencing unplanned pregnancies an alternative to abortion. If they succeed, only pro-abortion radicals will miss Roe.