Abortion and Roe v. Wade

The legality and regulation of abortion is one of the most heated and emotional topics in America today and it is not hard to understand why. The decision of whether or not to end a pregnancy is one that many women fear because of the enormous emotional and moral questions raised.

Unfortunately, the abortion debate has gotten so out of hand that abortion supporters even dispute the fact that a fetus is an actual human being. They claim it is merely a clump of cells that, over time, will become a human. No honest scientist will support that position, especially as the technology has developed to allow scientists, doctors, and parents to monitor the growth of an unborn child almost from the time of conception. Abortion supporters must deny that a fetus is a child, because they will lose the moral high ground if they concede the point. If a fetus is accepted simply as a human that has yet to reach maturity, then very few people would morally support the premature termination of a pregnancy.

To fully understand this issue, as it applies to politics, a short history lesson is needed. In 1973 the Supreme Court, in the case Roe v. Wade, ruled that most state laws restricting or outlawing abortion were unconstitutional. The ruling was controversial, not just because it stuck down state laws regulating abortion, but because it relied on an implicit right to privacy under the U.S. Constitution. Roe v. Wade is the classic example of what many call an activist judicial decision. This means that judges create law based on their own personal beliefs rather than interpreting the law. The Constitution says nothing about a "right to privacy” and certainly does not address abortion, but a majority of the Supreme Court Justices in 1973 concluded that the constitution guarantees the right of a woman to have an abortion for any reason she chooses. Conservatives oppose Roe v. Wade and want it overturned because they are opposed to abortion in principle and view Roe as an activist decision that has no constitutional basis.

In recent months, President Bush nominated and, the U.S. Senate confirmed, two justices to the United States Supreme Court: Chief Justice John Roberts and Associate Justice Samuel Alito. Even if these two new justices are inclined to overturn Roe v. Wade, it is widely acknowledged that a majority of the Supreme Court justices would not be so inclined. However, it is plausible that one day it will be struck down.

Abortion supporters have succeeded in confusing most Americans about the implications of overturning Roe v. Wade. They claim that a Supreme Court decision striking down Roe will outlaw abortion completely. This is simply untrue. What such a decision will do is allow each individual state to regulate abortion, as was the case before 1973. It is true that some pro-life states, such as South Dakota and South Carolina, would most likely vote to outlaw abortion within their borders, but it is also true that pro-abortion states, such as California and New York, would surely allow abortion on demand and might even go so far as to subsidize the procedure.

There is circumstantial evidence, such as polls and the election of pro-life politicians, that the American public has become increasingly skeptical of abortion over the past 20 years. Explanations for this trend are many, including the expansion of ultrasound technology and increased disclosure of the mental and physical effects of abortion. If this trend continues, America may see a time when Roe is overturned. If and when that happens, Americans need to understand the implications of such a decision. An overturning of Roe would simply scatter the political battle between abortion supporters and detractors to all the states, instead of concentrating the debate on the federal level. This, in turn, will diffuse the emotions associated with this issue and allow more constructive debate.

On a basic level, this issue is clear cut. When a woman becomes pregnant, she is carrying a living, growing human being inside her. Abortion supporters such as Planned Parenthood will strongly dispute this because their basis for supporting abortion depends on convincing others that an unborn child is less than human. Unfortunately the crux of this debate shifted to the courtroom when the Supreme Court handed down its Roe decision. America should realize that Roe is flawed and that striking it down will allow states and millions of pro-life Americans to protect the most vulnerable among us.

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~ The Conservative Guy