This Friday, Jan. 22, marks the 37th anniversary of Roe v. Wade, the landmark U.S. Supreme Court ruling that legalized abortion. There's a lot of fighting about whether the decision should be overturned, but, sadly, a lot of people don't know exactly what Roe says.
Do you?
You can test your knowledge about Roe and its companion case Doe v. Bolton going here. Haven't heard about Doe v. Bolton. Then you perhaps won't do so well on the test.
Note this: You might not agree with the answers as given at the end of the test. If you do, let me know and we'll discuss it.
Filed under: abortion
Tags: abortion, anniversary, Doe V. Bolton, Roe v. Wade, supreme court
Legally speaking, the currently operative law is in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), courtesy of Justice O'Connor.
Chronologically speaking, Casey is the currently operative law, in that it reaffirmed the "essential holding of Roe"--the existence of a "constitutional right to privacy" that protects abortions. Initially, the Casey ruling sent pro-lifers into orbit because it found that the state has an interest in protecting life at the point of viability. The ruling in that regard upheld the power of states to in some cases "restrict" abortions by, for example, requiring parental notification. The abortion industry calls these "restrictions," but I and other pro-lifers consider them to be definitions that qualify and balance the "right" of abortion, just as every other right(e.g. speech) is modified.
Despite the importance of Casey, the decision of Doe V. Dolton remains operative. It is the backdoor through which abortions up to the time of birth (or even during as in partial-birth abortions) are legally justified. The language of Doe protects abortions that are done in as a result of a "medical judgment [that] may be exercised in the light of all factors-physical, emotional, psychological, familial, and the woman's age-relevant to the well-being of the patient." Did I say "back door?" It's a wide open front door that virtually allows an abortion for any purpose that can be conjured up by an abortion provider. The "emotional well- being of the patient," covers discomfort or anxiety--certainly enough reason to end another person's life.
Doe is the hinge on which the entire abortion debate swings. During the Clinton administration, an attempt was made by Congress to more precisely define the "well-being" of the patient. The attempt failed.
Just how important is Doe? The fact that the abortion industry never discusses or acknowledges the importance of the case demonstrates just how badly it seeks to avoid meeting the issue head-on. Because if or when they do, they will have to come out in the open and confirm that their position is that abortion is legitimate for any reason at any time. You can't get any more extreme than that.