Yesterday marked the 43rd anniversary of the Supreme Court decision in Roe v. Wade, which established a woman’s constitutional right to an abortion and made unconstitutional most state efforts to regulate abortion practices. The ruling rested on incredibly shaky legal reasoning, as the seven justices in the majority manufactured a mysterious “right to privacy,” discovered in the due-process clause of the 14th Amendment, to establish a woman’s right to choose abortion. In addition, in the majority opinion, Justice Harry Blackmun found that “the word ‘person’, as used in the Fourteenth Amendment, does not include the unborn,” plausibly the most flawed legal argument since the dehumanizing decision in Dred Scott v. Sanford.
Even aside from these fundamental weaknesses, the details of how the case played out in court are often obscured by the pro-abortion-rights movement. If more Americans were aware of these little-known facts, more might oppose Roe and give credence to arguments in favor of unborn life.