Roe v. Wade: The Law That Never Should Have Been

Whether an American’s opposition to abortion is faith-based or science-based doesn’t matter. An insidious, lethal lie, Roe v. Wade, has finally been put out of our misery. So, let’s sail past the emotions on both sides.

When a liberal U.S. Supreme Court ruled on Roe v. Wade in 1973, making it law, it set America up for this day, when a conservative Court would overturn it. While many will celebrate, as they should, and many will lament, for which they should be ashamed, at the heart of the issue is the bad law that created a divisive “right” not found in the U.S. Constitution.

Scholars on both sides of the abortion issue have castigated the ’73 Court for this bad law, which snuck around the 10th Amendment. The Amendment is concise and clear: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” A “right” to abortion was not a delegated power….”

The Constitution did not and does not give the federal government the authority to regulate abortion. No matter which side you’re on, the Court invented that “right.” If the Court has to extrapolate from an also non-existent constitutional “right to privacy,” that shows justices were digging for something that wasn’t there.

In 2021, Kevin D. Williamson, at National Review, wrote, “It is an indefensible decision and always has been.”

He points out “Throwing out Roe would not mean banning abortion….”

Williamson also wrote, “Roe is a bad legal decision not because of any moral question related to abortion but because it is bad law.”

The Constitution is neutral on abortion (except, perhaps, in the right to life).

“The Constitution has no more to say about abortion than it does quantum physics,” Williamson quipped.

The damage done by that single decision reverberates to this happy day when the Court finally corrected a deadly error. And that error has caused intense, sometimes violent, divisions among Americans throughout the nation.

Now, the matter will return to the states where it always should have been.

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