The Real Reason to Criticize Roe

ChelseaAbortion, Roe v. Wade1 Comment

Over at the Public Discourse Daniel K. Williams has a must read on the misunderstood history of abortion law in the United States:

[F]or years pro-lifers have not really understood what Roe did. They have too often accepted the myth that neither legal abortion nor an organized pro-life movement existed prior to Roe. Although they have denounced Roe vociferously, they have justified doing so with the erroneous argument that Roe was the primary cause of the nation’s high rate of legal abortion, as though legal abortion did not exist in the United States before 1973.

Actually, Roe did not introduce legal abortion to the United States; it did something even worse. Prior to Roe, legal abortion existed, but so did a large, vigorous pro-life movement, and that movement was beginning to win the public debate on abortion. Roe deprived the pro-life movement of its legal victories and allowed abortion to become more available to poor and minority women. It subverted the democratic process and led to a partisan polarization that only grew worse with time. Perhaps worst of all, it nullified the pro-life movement’s constitutional arguments and enshrined in case law a constitutional interpretation that deprived the unborn of any constitutional rights.

Contrary to popular belief, legal abortion was widely available in the United States prior to Roe.

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