Fact Is: Public Opposes What Roe v. Wade Did

If you tuned in to the mainstream media outlets, most reporters would lead you to believe that the nomination of Brett Kavanaugh to the U.S. Supreme Court (SCOTUS) means the legal loss of a woman’s right to abortion as ruled in the 1973 Roe v. Wade decision.  This is absolutely false – Fake News!

While 61% of the public agree with Roe, they don’t really understand what Roe did.

For instance, Roe prohibited states from passing abortion laws aimed at protecting unborn babies before 24-weeks.  A recent Quinnipiac poll shows about 50-60% of the country would support a state or federal law barring abortion after 20-weeks.

On the constitutional matter, voters seem to reject Roe as well.  Roe, again, took the matter of abortion totally out of the democratic process.  [There are some matters where our Constitution does that … such as states not permitted to institute slavery.]  But only through absurd linguistic, philosophical, and legal contortions was the Roe court able to detect – emanating from the penumbras of the Bill of Rights – a right to abortion.

Most legal scholars who have spoken up on Roe contend it is horrific legal thinking.  “As a matter of constitutional interpretation,” wrote Harry Blackmun’s clerk, Edward Lazarus, “even most liberal juris prudes — if you administer truth serum — will tell you it is basically indefensible.”

And the public thinks state legislatures, not 9-justices, should set abortion policy.

The pro-life Susan B. Anthony List polled voters in 5-states with competitive Senate races — Florida, Indiana, Missouri, North Dakota, and West Virginia — and asked them who should make the law.  Voters in Florida, for instance, were asked, “Do you think that the U.S. Supreme Court should decide abortion policy for Florida, or do you think abortion policy should be decided by the people of Florida through their elected officials?”  In all states, including the swing state of Florida, voters preferred letting their own legislatures handle the issue.  In North Dakota, the ratio was two to one.  Voters, then, seem to reject Roe’s expansive view of abortion rights and Roe’s removal of abortion from the democratic process.  In short, most voters don’t support what Roe does in any regard.

If the Senate confirms Kavanaugh, and then if the conservative majority of the SCOTUS overturns Roe, it will in fact be arranging abortion policy — legally and constitutionally — as most people seem to prefer.

For these reasons, the Democrats are treading lightly in the opposition to Kavanaugh regarding overturning Roe v. Wade for fear the public might find out what Roe actually did.

Rev. Dr. Kenneth L. Beale, Jr.

Chaplain (Colonel-Ret), U.S. Army

Pastor, Ft. Snelling Memorial Chapel