This week, however, the Supreme Court reversed their decision Roe v. Wade1973 was the year that the Supreme Court ruled that all state anti-abortion laws were illegal and that federalizing an issue which had been pending for 50 years has now been overturned.
Critics make false claims that Roe “legalized” abortion, when pre-1973 abortion was legal in the states where a majority of the population resided. Now, it is falsely claimed. Roe‘s reversal “outlaws” abortion, when — again — this latest decision places that legal abortion decision back in the hands of state lawmakers and their voters.
Surprisingly, it was the justice who actually wrote Roe, Harry Blackmun, expected the ruling to have limited effect and never intended for it to be construed as giving women a “right” to an abortion, let alone one on demand and up to and including the third trimester. This is evident in the fact that Blackmun’s personal writings were made public years later.
Blackmun was a former Mayo Clinic general counsel. He wanted doctors to decide if an abortion is medically necessary in rare cases. 2005 saw the birth of the Los Angeles Times wrote about the release of Blackmun’s private papers in an article called “Roe Ruling: More Than Its Author Intended.” Staff writer David Savage wrote: “Blackmun proposed to issue a news release to accompany the decision, issued Jan. 22, 1973. In a memo, he said that he was concerned about what headlines might be. Never published, his statement stressed that the court did not give women an ‘absolute right to abort,’ and that it was not saying the Constitution compels them to have abortions on their own.’”
Blackmun wrote that abortion “must be left to the medical judgment of the pregnant woman’s attending physician” based upon a doctor’s consideration of “all factors — physical, emotional, psychological, familial and the woman’s age — relevant to the well-being of the patient.”
The Court is certain that there was doubt. RoeThe day of the Abortion Day will not change much Roe decision, Chief Justice Warren Burger said, “Plainly, the court today rejects any claim that the Constitution requires abortion on demand.”
After RoeReversal protests broke out all over the country. The largest were in New York City, Chicago, and Los Angeles. These cities are located in states where there is virtually no chance that the legislature will adopt laws restricting abortion.
Some called for Justice Clarence Thomas’ assassination via social media. Neil Mackay, a Glasgow Herald journalist in Scotland with 24,000 followers, tweeted, “If I was a woman in America I’d burn the Supreme Court to the ground.”
Anticipating RoeCalifornia Governor. Gavin Newsom said, “This is about controlling women.” Never mind some polls showing that a greater percentage of women are pro-life than men, including a 2015 Vox poll that found “women are slightly more likely than men to describe themselves as pro-life.”
Vice President Joe Biden condemns the Roe reversal, but as recently as 2006 he had a very different view: “I do not view abortion as a choice and a right. It is always a tragedy. This should be rare, and the procedure should be considered safe. And I think we should be focusing on how to limit the number of abortions.”
This Mississippi law was the one that the Supreme Court decided to strike down RoeAfter 15 weeks, abortion is illegal. However, in France and Italy for instance, an elective abortion can be performed up to 12 to fourteen weeks. Great Britain permits abortions up to 24 weeks after authorization by two doctors.
In the debate surrounding 2020 Presidential Election, Senator Bernie Sanders (D.Vt.) rejected making abortion illegal at all stages of pregnancy. He was opposed to this position by his fellow leaders. However, 80% of Americans feel that third trimester abortion should remain illegal according to a poll by the Associated Press and NorC Center for Public Affairs Research in 2021.
It was wrong for the Supreme Court to federalize the abortion issue and it has been properly returned to the people and the states.
Larry Elder, a nationally syndicated talk-show host and author, is best known for his bestsellers. To find out more about Larry Elder, or become an “Elderado,” visit www.LarryElder.com. Follow Larry Elder on Twitter @larryelder. Visit www.creators.com to see cartoonists and writers from CreatorsSyndicate.