Religion & Law

Professor George on the Roe anniversary

By Rick Garnett

Here:

The legal problem with Roe v. Wade is simple: The Supreme Court's decision to invalidate state laws prohibiting or restricting abortion lacks any basis in the text, logic, structure, or original understanding of the Constitution of the United States. The late John Hart Ely, a famous legal scholar who himself supported legal abortion as a matter of public policy, said that Roe v. Wade "is not constitutional law and gives almost no sense of an obligation to try to be." The justices who manufactured a right to abortion in Roe violated and dishonored the very Constitution they purported to interpret by substituting their own moral and political judgments for those of the elected representatives of the people. Their ruling was a gross usurpation by the judiciary of the authority vested by the Constitution in the people themselves, acting through the constitutionally prescribed institutions of republican democracy. As dissenting Justice Byron White put it, Roe was nothing more than an exercise of "raw judicial power." It was not merely an incorrect decision, but an anti-constitutional one.

Full post as published by Mirror of Justice on January 21, 2008 (boomark / email).