The Mistake of Roe v. Wade

The Mistake of Roe v. Wade

Posted: Dec 01, 2021 12:01 AM

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Today, Roe v. Wade is championed as a beacon of women’s rights, the foundation of the motto: “my body; my choice,” and the crux used to end an estimated 62 million potential human lives across the country. The landmark case was decided nearly fifty years ago finding a Texas state law banning abortions violated a woman’s privacy right in both seeking and obtaining an abortion. The rights of the fetus, however, were completely ignored in Roe’s ruling. The reasoning found in Roe was, and remains to this day, fatally flawed. Roe v.Wade was decided on the proposition that within the ‘penumbras and emanations’ of the Constitution there exists a right to privacy. It is within this right the Court opined a woman can make the decision to abort her pregnancy.  This, however, is a leap. It is a leap in logic and a leap over any competing rights of the fetus. The right to privacy, even a woman’s right to privacy, does not equate to a right to abortions. And, if you step outside the penumbras and into the light, there exists, self-evidently, the right to life. The right to life in nearly all circumstances trumps a person’s privacy rights. And, before Roe, this right even extended to the those in the womb.  Roe was, unfortu …

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