The lie of Roe v. Wade

By Joseph Farah

Can good law ever be built on a foundation of lies and deceit?

Proponents of abortion apparently think so.

Thirty years later, they continue to defend Roe v. Wade as perhaps the most important Supreme Court ruling in the history of America. Roe v. Wade has resulted in the slaying of 40 million unborn babies since Roe. Yet, the abortion-at-all-costs crowd speaks of Roe in reverential tones – almost religious tones. They speak of it as a profound human-rights breakthrough. They speak of it as if it is one of the Ten Commandments. No new member of the Supreme Court must be seated if he or she does not subscribe to every tenet of Roe, they say.

But now Roe is being challenged in a new way, by a most unlikely force – by “Roe” herself.

Norma McCorvey was “Jane Roe” in 1973. She was the subject of the case that went to the Supreme Court. And now she is filing suit to overturn the decision.

She is being represented by the Justice Foundation, which contends changes in the law and new research show Roe v. Wade is unjust.

Norma McCorvey is in an unusual position to get this case heard because, as a party to the litigation, she has the right to petition for its reopening.

McCorvey was 21 when she became pregnant out of wedlock. She made up a story about being raped. She worked with two lawyers who wanted to challenge Texas abortion laws.

“Plain and simple, I was used,” she says. “I was a nobody to them. They only needed a pregnant woman to use for their case, and that is it. They cared, not about me, but only about legalizing abortion. Even after the case, I was never respected – probably because I was not an Ivy League-educated, liberal feminist like they were.”

Roe vs. Wade is far from holy writ. It is simply a bad Supreme Court decision – like many before it. Supreme Court decisions don’t make law. Only one body of the federal government is charged under the Constitution with making law – the Congress of the United States. Supreme Court decisions come and go. So do laws, for that matter. It’s long past time for Roe to go.

The new Roe case asserts three major arguments for reopening and overturning the precedent:

  • Roe v. Wade deprived women of protection from dangerous abortions. Attorneys will present affidavits from more than 1,000 women who testify about the devastating emotional effects of abortion.

  • Medical and scientific breakthroughs can now answer the question of when life begins, something the 1973 court deemed beyond their abilities.

  • Under a 1999 law, Texas provides for any woman’s unwanted child from birth to 18 years of age with no questions asked, which means women should no longer be forced to dispose of unwanted unborn children.

The Norma McCorvey story is a classic redemption story. She is taking a tragic event in her life and using it for good. She should be encouraged. She should be applauded. She should be heard.

Despite the pleadings of the pro-abortionists, killing unborn babies is not a sacrament. It is not a good thing. It is not a natural right. Roe v. Wade has perverted our national debate on this issue. It has pre-empted a meaningful dialogue and stripped the American people of their ability to govern themselves. It put all the power, all the say and all the decision-making authority in the hands of nine people in black robes.

That’s not the American way.

It’s time to put the abortion debate where it belongs – in the hands of ordinary Americans, in the hands of citizens, in the hands of the people.

That’s the American way.


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Joseph Farah

Joseph Farah is founder, editor and chief executive officer of WND. He is the author or co-author of 13 books that have sold more than 5 million copies, including his latest, "The Gospel in Every Book of the Old Testament." Before launching WND as the first independent online news outlet in 1997, he served as editor in chief of major market dailies including the legendary Sacramento Union. Read more of Joseph Farah's articles here.