“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.” Justice Samuel Alito
This past week history was made again. The Supreme Court of the United States (SCOTUS) righted a terrible wrong that one of its predecessor courts made almost fifty years ago. In the Dobbs v. Jackson (Miss.) Women’s Health case, the court voted by a majority of 6-3 to overturn the infamous Roe V. Wade decision of 1973. That case legalized abortion in all U.S. fifty states and its territories. The basic reasoning behind the latest ruling is that the U.S,. Constitution says nothing about the right of having an abortion. So, in essence Roe v. Wade created a constitutional right where none actually existed.
The first ten amendments to the constitution spelled out the specific rights of American citizens and the limitations the federal government has in making laws and regulating behaviors. Nowhere is abortion (or marriage either) mentioned. The constitution, however, does specify that anything not specified in its text or amendments is left to the state governments to regulate (so long as they do not violate a right granted in the constitution). On the other hand, if enough members in congress (2/3 in each house), and enough representatives in enough state legislatures (3/4 of them ratifying it), believe a right should be constitutionally guaranteed (or rescinded), they can add an amendment to the constitution which will then be binding on everyone. Currently there are twenty-seven such amendments, the last was added in 1992. The founding fathers, ingeniously, intentionally made adding amendments difficult to avoid hastily making bad ones. One amendment was actually repealed by another (the 23rd [1933] abolished the 18th [1919]). Some amendments did make it past the congress but failed to garner 3/4 of the states (e.g.: The Equal Rights Amendment of 1972).
Therefore, if enough people of the United States want to make abortion a constitutional right they will now need to pass an amendment saying so. However, getting 2/3 of both houses of congress to pass it and 3/4 of all state legislatures to ratify it is realistically untenable. Meanwhile, it will be up to the various states to determine the legality of abortion and regulate them within their boundaries.
In case you think the present SCOTUS over-stepped its authority by reversing an earlier decision, correcting a previous SCOTUS ruling is not without precedence. Actually a number of reversals have been made, which in most cases liberals applauded. For instance, in 1954, the case called Brown v. Board of Education overturned an earlier decision from 1896 called Plessy v. Ferguson. That earlier decision allowed states legally to racially segregate schools on the basis of “separate but equal.” Brown v. Board of Education said that racist rationale was patently unequal and justifiably reversed it.
The point of all this is that the current SCOTUS has made the right decision. But pro-life evangelicals and others need not rejoice too exceedingly. The new decision does not outlaw abortion. Many, if not most states, will continue to allow abortions, some with no conditions. The real solution to this problem is not legal or political, but moral and spiritual. The Dobbs decision is a step in the right direction. Nonetheless, so long as the secular worldview dominates our culture the sacredness of life (at any stage, including old-age) will continue to degrade. Only a genuine spiritual awakening at the grassroots can make that kind of radical moral change in people’s minds. Can it happen? Yes, but I am not optimistic.