Roe v. Wade Reconsidered

Source: Independent Institute
by James A Montanye

“The Supreme Court’s decision to hear an appeal from Mississippi’s restrictive abortion law raises questions and concerns regarding the longstanding desire among conservative justices, jurists, politicians, and church groups to overturn the Court’s 1973 Roe v. Wade opinion. … The Court consistently has held that Roe is settled law; ergo no compelling reason exists for overturning it. … Conservative justices, however, maintain that abortion cannot be a constitutionally protected liberty because: (i) neither the Constitution nor the 14th Amendment mentions it; and (ii) longstanding State laws and traditions specifically prohibited it. By this test, a democratic majority (or plurality) of State voters retains the power to decide abortion issues pursuant to the 10th Amendment’s reservation of non-enumerated federal powers ‘to the States respectively, or to the people.'” (09/14/21)