January 22, 2020, was the 47th anniversary of the infamous United States Supreme Court’s Roe v. Wade decision which granted the federal government’s imprimatur to abortion on demand as a newly ‘created right’ suddenly discovered hidden within the U.S. Constitution.
Since that horrible decision, over 60 million babies have been aborted in America. The devastation extends to the millions of mothers who are damaged physically and emotionally, many of whom die themselves as a result of abortion.
Friday, January 24, 2020, was the annual National March for Life in Washington DC. President Donald J Trump made history at that event by becoming the first president to address the March in person.
The March for Life began in response to the demonic debacle of Roe v Wade one year after the SCOTUS decision. 46 years later, the 45th President of the United States cements himself firmly as the most pro-life president since one became needed in January of 1973.
It All Began with “Penumbras” and “Emanations”
Roe v Wade began in Texas when a woman under the pseudonym ‘Jane Roe’ brought suit against Dallas County District Attorney Henry Wade challenging legal restrictions on abortion as a violation of her constitutional rights. The final decision in favor of Roe was by a 7 to 2 vote of the U.S. Supreme Court.
The decision itself was based in a right to ‘privacy’ which was magically discovered in the U.S. Constitution after almost 200 years of looking for it to appear. In a previous case, Griswold v Connecticut the precedent of the privacy ‘right’ was established in 1965.
The legal precedent for the decision was rooted in the 1965 case of Griswold v. Connecticut, which established the right to privacy involving medical procedures.
The justification for the Griswold decision, which created a new ‘right’ for artificial contraception [read, birth control pills] was also used in deciding Roe. One must bear in mind that the Supreme Court at that time was dominated by ‘progressive’ justices who favored treating the Constitution as something ‘living’ which must change to suit the times, rather than a constitutional originalist who believes the court should make judgments based on the actual text of the Constitution.
The whole thing was based on the “right to privacy,” which is not spelled out in the Constitution. Instead, it comes from Griswold v. Connecticut (1965), which stated: “…specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. …
Examine for a moment the definitions of these two critical words, “penumbras” and “emanations.” “Penumbra” is first defined by dictionary.com as a term used in Astronomy.
“the partial or imperfect shadow outside the complete shadow of an opaque body, as a planet” or “the grayish marginal portion of a sunspot.”
A second common meaning for penumbra is also provided on the site.
a shadowy, indefinite, or marginal area.
The word “emanation” is defined as something that “emanates,” so to understand the term we must look at the word “emanate.” “Emanate” is a verb which means;
to flow out, issue, or proceed, as from a source or origin; come forth; originate.
What the SCOTUS claimed in the Roe decision was that some shadowy or indefinite area somehow arises from the text of the Ninth and Fourteenth Amendments that automatically grants a previously unknown human ‘right’ to end the life of a newly formed human being while still in the womb of the mother. In fact, some political leaders have suggested this killing time extend to after the child is out of the womb, as Virginia governor Ralph Northam did last year.
What the SCOTUS actually did with this terrible decision was to judicially amend or change the Constitution, which is on its face an unconstitutional act! The sole method for changing the Constitution is provided in the document itself through the passing of Amendments by very specific means that do not include changes by the courts.
And they did this on the basis of an indefinite and shadowy message invisibly rising from the Constitution? That is some seriously horrible judgment from the highest “Justices” in the land in 1973.
Roe v Wade is Horribly Bad ‘Law’
I am far from a legal expert, as I have stated on many occasions. However, I am also not alone in my opinion of Roe among some others who are exceptional legal experts, including other Supreme Court Justices.
Among the legal scholars who have roundly criticized the Court’s ruling in Roe as not being grounded in the U.S. Constitution are the following:
Six justices of the U.S. Supreme Court, unfortunately not simultaneously seated – White, Rehnquist, Scalia, Thomas, Kennedy3 and O’Connor4;
- Virtually every recognized constitutional scholar who has published a book or article on Roe – including many, like Harvard’s Laurence Tribe, who support Roe’s outcome on other grounds (although he’s switched grounds over the years).5 Yale Law School professor John Hart Ely spoke for many when he stated: Roe v. Wade “is bad because it is bad constitutional law, or rather because it is not constitutional law and gives almost no sense of an obligation to try to be”;6
Perhaps the most forceful and persuasive legal objections to the Roe decision came from an interesting, and somewhat conflicted source, a man named Edward Lazarus. He was the law clerk for Justice Harry Blackmun who wrote the decision. He states,
What, exactly, is the problem with Roe? The problem, I believe, is that it has little connection to the Constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history, or precedent. …The proof of Roe’s failings comes not from the writings of those unsympathetic to women’s rights, but from the decision itself and the friends who have tried to sustain it. Justice Blackmun’s opinion provides essentially no reasoning in support of its holding. And in the almost 30 years since Roe’s announcement, no one has produced a convincing defense of Roe on its own terms.7
When your own law clerk, who admits he thought of Blackmun as “a grandfather,” says stridently and clearly that the triumph of your career was a legal fantasy, it is indeed a savage critique. However, it gets even worse when the fact that Roe was based on a series of lies is considered.
The case was put forth as a lie from the very start, which facilitated other lies in order for Roe to be compelling enough to succeed.
The main lie was that an abortion was needed for Roe (whom we later learned was Norma McCorvey) because she was supposedly gang-raped. But that was not true. McCorvey just wanted an abortion, and her attorney falsely promised to help her get one, knowing full well it could not happen in time (since cases that go up to the Supreme Court take time to adjudicate). Another lie was the number of women who supposedly died in America because of illegal abortions. Abortionist Bernard Nathanson told the media that each year about 10,000 women died from illegal abortions. He later admitted that he made the number up from thin air, but a willing media reported it as if it were gospel truth. In 1972, the last year before Roe, the CDC reports that 39 women died from illegal abortions in America. That may be 39 too many, but it’s a far cry from 10,000. Thankfully, both McCorvey and Nathanson became pro-life Christians and came to strongly oppose abortion.
The trouble with such unprecedented tampering with the Constitution motivated by ideology and empowered by lies is the fact that the consequences in society are bound to render unprecedented destruction as well. Roe v Wade has reeked monumentally unprecedented and staggering societal damage in America and beyond since its inception.
The Staggering Societal Devastation of Roe v Wade
The first and most obvious devastation as a result of Roe is evidenced by the enormous body count left in its wake. Over 60 million human beings have been slaughtered in America’s abortion mills in 47 years.
The total deaths resulting from Roe dwarf all the deaths of Americans in every war in our history, which amounts to just over 1.3 million who have lost their lives in our nation’s wars and military conflicts. However, this story goes beyond the body count of babies destroyed as a consequence of Roe.
The fact is that Roe did not legalize abortion without restriction past the first three months of pregnancy. States were allowed to place some restrictions on abortion after that first trimester period.
The restrictions were allowed in cases of ‘extreme’ circumstances, such as a pregnancy resulting from rape or incest or that continuing the pregnancy would pose a threat to the life or health of the mother. These were impotent to stop the flood of abortions which came about in the wake of the SCOTUS decision principally because of the open-ended interpretation of what constituted a threat to the life or health of the mother.
There are not one but two victims of the legalized abortion Roe provides. The second victim is the mother who is most often coerced into their abortions by those closest to her, such as boyfriends, parents and even clergy in some cases.
Moreover, there are some horror stories told by women who were physically forced into an abortion after expressing doubts about going through with the procedure.
Muriel Ramos moved in 1980 to Florida, where she met her future fiancé. When they moved in together, she became pregnant even though she was on the pill. When she went back to the clinic that gave her the pill, employees told her “Oh, you need to have an abortion because your baby’s going to be deformed, you were taking the pill.” Both she and her fiancé were scared, she remembered, and he “dropped me off one day to have the abortion.” She went into the waiting room and recalled the other women who tried to reassure her. “One said to me, ‘Oh, don’t worry, this is my second time. Don’t be afraid.’ Another said, ‘It’s my third time,’” she said. “All of a sudden it hit me what I was doing, and I went to the receptionist and asked to use the phone” to call her fiancé to go home. When she revealed she had changed her mind, the receptionist “got mad,” moved her into another room, and advised that “everybody has their doubts.” After Ramos protested again, a woman put an IV in her arm and the doctor entered the room. “By this time I was crying,” she remembered, but still the “doctor ignored my pleas” and instead “nodded to the lady that had put the IV in, like, ‘up it.’” “The next thing I knew, it was over and I had woken up,” she said. Afterwards, that same lady appeared saying, “It’s time for juice and cookies. Now you can get on with your life.” Ramos said she got an infection from the abortion and suffered from an autoimmune disease as well as fertility problems. She also had five miscarriages.
The evil results of Roe run deeper than even these kinds of stories, of which there are thousands of examples that represent a far larger amount of women devastated by abortion. There are many stunning examples of demonic depravity afoot within the world of legalized abortion in America demonstrated by people such as Kermit Gosnell,
Perhaps most revealing about the real attitude of the Left concerning women’s health is this description of Gosnell’s abortion clinic when it was raided in 2010,
“Instruments were not sterile. Equipment was outdated and rusty. Women recovering from their abortions sat on dirty recliners covered with blood-stained blankets that employees said they “tried” to have cleaned weekly.”
Gosnell was a sick abortion “doctor” responsible for thousands of babies’ deaths and the deaths of many mothers as well. He was eventually convicted on three counts of murder for killing babies,
who authorities say were delivered alive and then killed with scissors at his grimy clinic,
Gosnell was sentenced to two life terms in 2013 and only avoided the death penalty by agreeing to not appeal his conviction. Roe is the principal enabler of monsters like Gosnell, and those like him who operate with almost virtual impunity because of the pro-choice evils legitimized by Roe.
However, the worst consequence of the Roe v Wade decision is the empowering of Planned Parenthood in America and around the globe. The power and influence of this malevolent organization cannot be overstated, nor can its destructive results be truly calculated.
Planned Parenthood has a far longer and more sinister history than Roe, as this journal has chronicled in greater detail in previous articles, and that will not be repeated here. However, it is no stretch to state that Roe empowered Planned Parenthood as nothing else ever has and the outreach of this death-dealing organization was only expanded to a global arena after Roe.
Thus a decision of the United States Supreme Court has facilitated the exportation of abortion to most of the rest of the world! The abortion body count worldwide is staggering.
According to the website numberofabortions.com, since 1980, 7 years after Roe, worldwide is over 1.5 billion souls! This number is larger than all deaths by war, famine, and disease in recorded history!
Roe v Wade Has Damaged the Soul of America
The manifested evils of this SCOTUS decision are more than apparent now and have been so since this travesty of Roe v Wade began. However, the most damaging aspect of Roe has been the harm inflicted upon the soul of the nation.
It is the quality of a human soul to value human life, their own and others, and it is a quality I believe that each person has from the moment any conscious thought comes into the human psyche. That is what inspired Thomas Jefferson to pen the words in the Declaration of Independence,
We hold these truths to be self-evident, that all men are created equal and are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness
The affirmation of a fantasy ‘right’ in Roe pulls against what is self-evident in the very soul of each human being. It is such an egregious violation of what we all know that our ordinary speech to one another refutes the conclusion of Roe and every ‘pro-choice’ advocate alive.
Test this for yourself the next time you have an opportunity to speak to a woman who is pregnant. No one I know of will ask that woman when her fetus is due because we instinctively know a human child is present in the mother’s womb.
Yet the pro-choice crowd will either deny the humanity of that unborn child, or they will assign the child to a lesser category of humanity in order to justify killing him or her in an abortion. That can only be done when the value of human life has been judged to be assigned according to the whims of godless people who deny the Creator and the inestimable value He has vested in each human life, so much so that His own Son suffered and died a horrific death on our behalf.
It is long past time for Roe v Wade to be consigned to the ash heap among the worst ideas ever to become ‘law’ anywhere in the world. May God grant the removal of this stain upon history sooner rather than later or we may pay an enormous price for the blood which has been spilled.
Their feet run to evil, and they are swift to shed innocent blood; their thoughts are thoughts of iniquity; desolation and destruction are in their highways. Isaiah 59:7 [ESV]
Sources: The Holy Bible, English Standard Version, Crossway Bibles, 2001
Featured and Top image courtesy of American Life League’s Flickr page – Creative Commons License
Inset Image 1 courtesy of Matt Wade’s Flickr page – Creative Commons License
Inset Image 2 courtesy of S Jagadish’s Flickr page – Creative Commons License
Inset Image 3 courtesy of Thomas Hawk’s Flickr page – Creative Commons License
Inset Image 4 courtesy of American Life League’s Flickr page – Creative Commons License
All other sources linked or cited in the text
Originally published in TIL Journal