• caidenaofficial

OPINION: Why Roe V. Wade Is Constitutionally Invalid.

Roe vs. Wade; a historical case in which the Supreme Court decided that women have a right to abort their pregnancy if they so choose. Is it still defensive today?

Here is a brief summary from history.com

Roe v. Wade was a landmark legal decision issued on January 22, 1973, in which the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. The court held that a woman’s right to an abortion was implicit in the right to privacy protected by the 14th Amendment to the Constitution.

The Supreme Court's holding:

The Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a fundamental "right to privacy" that protects a pregnant woman's liberty to choose whether or not to have an abortion...

To preface, I agree that women should not be forced to do anything in regards to their pregnancy. However, I do not think abortion should be used as means of birth control. This is just my opinion on a moral level.

Now, getting away from personal opinion and into actual facts, let's take a look at the 14th Amendment, Section 1, specifically (this is where the Due Process Clause was written):

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

You can see in the Due Process Clause (in bold and italicized), "privacy" is not listed. This begs the question of whether the Supreme Court rightfully made this decision in 1973 or not. In my opinion, they did not.

An opposing view may be that this argument is defendable by the 9th Amendment:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

This would be a reasonable argument. "Privacy" is a right subtly granted by the 9th Amendment.

Nevertheless, privacy, a right not exclusively written in the Constitution, doesn't overpower the rights actually written in the Constitution. Such as, the right to life, liberty and property listed in the Due Process Clause of Amendment XIV, which is somehow still used to defend abortion. Not to mention the Equal Protection Clause listed directly adjacent to that one: "nor deny any person within its jurisdiction equal protection of the laws."

Whether you think abortion is a right, or just something that should be legal, we should be able to agree that everything above is at least true (other than my personal opinion, of course). Roe v. Wade is, and forever will be, a controversial case. I think we should spend less time on either side of the aisle and get a different perspective, such as that of the Constitutional aspect of the issue.