Part 1: The So-Called “Right” to Abortion is Not Constitutional
After five decades of prayer and work, the day you hoped for since 1973 happened this summer: the Supreme Court overturned Roe v. Wade!
But make no mistake: the fight for life is not over with this ruling. Instead, Roe’s repeal marks the beginning of new battles to protect children from the tragedy of abortion.
And that’s why in this new blog series I’m sharing what you need to know in a post-Roe America. This information will equip you to defend your pro-life beliefs and rescue more children from abortion.
The first thing you need to know is the so-called “right” to abortion is NOT constitutional.
Prior to the Roe ruling in 1973, each individual state held the authority to permit abortion or protect life. Each state created laws to reflect the will of its citizens. At the time Roe was decided, 30 states prohibited abortion at all stages of pregnancy.
Roe halted this democratic process of governance and ushered in a deadly era in which human life in the womb was degraded and discarded across all 50 states.
Even though the Constitution says nothing about abortion, the Supreme Court created a fictitious right to the atrocity in Roe. It also fabricated a framework for states to regulate abortion based on pregnancy trimesters and ruled that states could prohibit abortion only during the third trimester, the point at which the Justices claimed a child was viable and able to live outside the womb.
In one fell swoop, life-affirming state laws were thrown out and abortion was legalized in every corner of America, changing the fabric of society.
In 1992, the Supreme Court had the opportunity to overturn Roe in Planned Parenthood of Southeastern Pennsylvania v. Casey. Unfortunately, the Justices reaffirmed Roe’s central holding that the Constitution provides a “right” to have an abortion.
Justice Antonin Scalia dissented, writing,
“The States may, if they wish, permit abortion-on-demand, but the Constitution does not require them to do so. The permissibility of abortion, and the limitations upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.”
In Casey, the Court scrapped Roe’s trimester framework and created the “undue burden” standard for determining whether abortion restrictions early in pregnancy — such as a 24-hour waiting period — should be legal. They said an undue burden exists if a regulation places a substantial obstacle in the path of a woman seeking an abortion before the point of viability.
Fast forward to today to Dobbs v. Jackson Women’s Health Organization, the monumental case that scrupulously overturned Roe and Casey.
In Dobbs, the Court ruled the right to abortion is not constitutional and returned the ability to protect life in the womb to the American people at the state level.
Reversing flawed decisions is common. To overrule a precedent, a case must have been egregiously wrong when it was decided or may be shown to be egregiously wrong based on later understandings or developments.
In the Dobbs decision, the Court ruled that Roe was egregiously wrong from the start — an opinion all of us who affirm the sanctity of human life thank God became final.
Roe v. Wade’s reversal did not end abortion in America. Only 13 states are now abortion-free — which means abortions are still available in 75% of the country.
You and I have the duty to protect life in every corner of society — a work which has begun anew with Roe’s repeal. The time is now to press forward and finally make abortion unthinkable and unnecessary in each part of America. With you, I know this mission can be done!
Did you find this helpful to you? If so, I know you’d enjoy a FREE copy of my new e-book “Pro-Life in a Post-Roe America.” You can request your copy by clicking the button below and filling out the form. If you do, you’ll get your digital copy sent to your email address instantly!