legal kill, redux

National Review: “Dead Reckoning” (1998)

A quarter-century has passed since the Supreme Court struck down the laws of every state in the nation, in the name of a constitutional right to abortion it had just discovered. In Roe v. Wade, the Court prohibited any regulation of abortion in the first trimester, allowed only regulations pertaining to the health of the mother in the second, and mandated that any regulation in the third make an exception for maternal health. In the companion case of Doe v. Bolton, the Court insisted on the broadest definition of health — economic, familial, emotional. Legal scholar Mary Ann Glendon describes the result as the most radical pro-abortion policy in the democratic world. It permits abortion at any stage of pregnancy, for any reason or for no reason. It has licensed the killing of some thirty-five million members of the human family so far.

The abortion regime was born in lies. In Britain (and in California, pre-Roe), the abortion lobby deceptively promoted legal revisions to allow “therapeutic” abortions and then defined every abortion as “therapeutic.” The abortion lobby lied about Jane Roe, claiming her pregnancy resulted from a gang rape. It lied about the number of back-alley abortions. Justice Blackmun relied on fictitious history to argue, in Roe, that abortion had never been a common law crime.

The abortion regime is also sustained by lies. Its supporters constantly lie about the radicalism of Roe: even now, most Americans who “agree with Roe v. Wade” in polls think that it left third-term abortions illegal and restricted second-term abortions. They have lied about the frequency and “medical necessity” of partial-birth abortion. Then there are the euphemisms: “terminating a pregnancy,” abortion “providers,” “products of conception.” “The fetus is only a potential human being” — as if it might as easily become an elk. “It should be between a woman and her doctor” — the latter an abortionist who has never met the woman before and who has a financial interest in her decision. This movement cannot speak the truth. […]

Everything abortion touches, it corrupts. It has corrupted family life. In the war between the sexes, abortion tilts the playing field toward predatory males, giving them another excuse for abandoning their offspring: She chose to carry the child; let her pay for her choice. Our law now says, in effect, that fatherhood has no meaning, and we are shocked that some men have learned that lesson too well. It has corrupted the Supreme Court, which has protected the abortion license even while tacitly admitting its lack of constitutional grounding. If the courts can invent such a right, unmoored in the text, tradition, or logic of the Constitution, then they can do almost anything; and so they have done. The law on everything from free speech to biotechnology has been distorted to accommodate abortionism. And abortion has deeply corrupted the practice of medicine, transforming healers into killers.

Most of all, perhaps, it has corrupted liberalism. For all its flaws, liberalism could until the early seventies claim a proud history of standing up for the powerless and downtrodden, of expanding the definition of the community for whom we pledge protection, of resisting the idea that might makes right. The Democratic Party has casually abandoned that legacy. Liberals' commitment to civil rights, it turns out, ends when the constituency in question can offer neither votes nor revenues. […]

There can be little doubt that, left to the normal workings of democracy, abortion laws would generally be protective of infants in the womb. The main obstacle on our path to a society where every child is welcomed in life and protected in law, then, remains what it has always been: the Supreme Court. There abortionism is well entrenched; and last year the Court appeared to slam the door on the legal possibility of a congressional override of its decisions on abortion or anything else. By defining a practice at odds with our deep and settled moral convictions as part of the fundamental law of the land, the Supreme Court has created a slow-motion constitutional crisis. This is what comes of courting death.

See also The American Scene: Roe at 32