Overturning Roe v. Wade: Why It’s So Important a Matter is Settled Right

Roe v. Wade—the exercise of raw judicial power in 1973 that sparked a national controversy, embittered our political culture for a half-century, unjustly voided abortion prohibitions in 30 states, and resulted in the killing of 63 million unborn children—is set to be overruled.

This is the moment the pro-life movement has been working and praying towards for decades.

When Roe v. Wade is overruled, as a leaked U.S. Supreme Court draft opinion suggests that it will, its unjust reign of terror will immediately end in Kentucky—a pro-life “trigger law” will immediately go into effect and ban almost all abortions, saving thousands of unborn babies, while a network of pregnancy help centers will provide mothers and fathers facing unplanned pregnancies with support, resources, and education.

Roe v. Wade was egregiously wrong from the start and its reasoning exceptionally weak. Nothing in our nation’s historical understanding of ordered liberty prevented the people’s elected representatives from deciding how abortion should be regulated, yet Roe’s abuse of judicial power ended the unbroken tradition of prohibiting abortion from the earliest days of the common law until 1973 and sought to compel unending adherence to its decree.

Roe has long been criticized by many, including the late U.S. Supreme Court Justice Ruth Bader Ginsburg who supported abortion rights—she called it a “heavy-handed judicial intervention [that] was difficult to justify.”

Liberal political pundit Michael Kinsley also explained, “Although I am pro-choice… Roe v. Wade is a muddle of bad reasoning and an authentic example of judicial overreaching.”

When the U.S. Supreme Court reconsidered the abortion issue in 1992, Roe was so questionable that only two of the nine justices did not express a desire to change it.

But three justices, despite apparent reservations about whether the Constitution protected a right to abortion, decided it was more important that an issue be settled than that it be settled right. Thus, in a 5-4 decision, Planned Parenthood v. Casey allowed Roe’s reign of terror to continue.

The recently leaked draft opinion in Dobbs v. Jackson Women’s Health Organization instead recognizes that the Court must place “a high value on having a matter settled right” when it comes to the interpretation of the Constitution.

Given that Roe v. Wade was so egregiously wrong from the beginning, has led to such damage within our nation, and resulted in the death of 63 million, the Court’s draft opinion concludes that the rule of law demands the U.S. Supreme Court “heed the Constitution and return the issue of abortion to the people’s elected representatives.”

Overturning Roe v. Wade means an end to the reign of terror in which a government-sanctioned slaughter of the unborn has killed 63 million fellow humans from our nation.

Overturning Roe v. Wade means that our elected officials will once again have the freedom to eliminate particularly gruesome and barbaric “medical” procedures and preserve the integrity of the medical profession.

Overturning Roe v. Wade means that our elected officials can prevent discrimination on the basis of race, sex, or disability in the womb.

Overturning Roe v. Wade means that our elected officials can once again protect the health of mothers across the Commonwealth.

The decision to overrule Roe v. Wade—like the end of slavery, segregation, and other injustices—is a monumental moment in our nation’s history that should be widely celebrated.

This article was written by Michael Johnson, Policy Advisor for The Family Foundation.