Eagle Forum Legislative Alerts

Monday, April 28, 2014

The Inside Story of Roe v. Wade

How did America become one of only four nations (along with Canada, China, and North Korea) that allow abortions for any reason, at any time during pregnancy? Why do laws regulating other surgical procedures not protect women when they get an abortion? Why does “unborn human life” have legal status in tort, criminal, and property law cases, yet a woman and her abortionist can decide to kill a baby? A new book called Abuse of Discretion by Clarke Forsythe answers those questions in an updated history of the 1973, Roe v. Wade Supreme Court decision. The Supreme Court effectively created a constitutional right, nullified state laws, and began a series of events that has led to 40 years of controversy, disappointment, and death. The decision called Roe v. Wade actually includes another case, argued and decided at the same time, Doe v. Bolton. The Supreme Court should have either refused to decide these cases, or sent them back to Texas and Georgia for trial, or reached a narrow decision. At a time when the public had just begun to debate abortion, the decision was taken from them. “The road to Roe was designed and built as a detour around public opinion and the democratic process.” Even the Justices were unaware of the far-reaching implications of their decision. The Doe and Roe cases lacked trial records, and that prevented the Court from hearing evidence on important historical, medical, and Constitutional issues. Abortion advocates repeated false statistics and beliefs so frequently that misinformation was used by the Supreme Court in its decisions. This author exposes abortion myths. Choosing abortion is rarely a decision made by “a woman and her doctor.” Fewer than 5% of abortions are done by a woman’s own physician.

If Roe v. Wade were to be overturned tomorrow, abortion would not become illegal. Abortion law would simply return to the state legislatures, where decisions should have been made in the first place.

Listen to the radio commentary here:

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