Anti Abortion Lawyer: Forget Direct Overturn of Roe v Wade

                                         

Roe v Wade has been the law for 47 years. Every year since it became law there have been state legislatures and lawsuits trying to "overturn" it. Why have these 47 years past without success by opponents?

I have never seen the explanation for Roe's success laid out better than in an article written by an attorney who opposes it. She knows her enemy. What feeds the enemy and makes Roe successful is mistakes by her side, opponents.

What these mistaken opponents of Roe want, she writes, is legal anarchy. They want rogue states to pass and enforce law in direct opposition to Roe. That a majority of the Supreme Court, a body established to eliminate or reduce legal anarchy, will embrace is not in the cards.

She writes that each time a state or group goes to court to overturn Roe but fails it puts another nail in the coffin of overturning it. All of these lost cases makes it harder, not easier, to overturn Roe.

She writes there are only two paths to overturning Roe. One is a Constitutional Amendment which she finds impossible at this time. The other is to find a civil rights violation in the practice of abortion. This has not been done but she thinks maybe it can be done.

She does not go into this but I would ask, if it is quite obvious these failed cases make abortion more established than ever, why are they pushed forward? The answer has to be that anti abortion citizens are suckers and anti abortion groups prey on them. No doubt hundreds of millions of dollars have been pocketed by "pro life" lawyers, the Catholic Church and anti abortion groups collected from the gullible. The result is a stronger Roe.

Even after explaining all that, the link author does not address the most important political question: What rights will pregnant women have if abortion is outlawed? If that question is not settled abortion will live on as a right. I don't see the political majority giving law enforcement power over every pregnant woman.