Pro-Lifers Should Never Have Tolerated Unconstitutional Roe, and Must Never Do So Again

The Supreme Court’s reversal of Roe v. Wade in its Dobbs v. Jackson decision is a historic turning point in the battle for equal protection of preborn lives. But in the celebration over consigning blatantly unconstitutional pieces of judicial legislation to “the dustbin of history,” pro-lifers might be learning the wrong lessons. A non-leftist court is not guaranteed forever, and we must consider the hazards of holding the Supreme Court as the final arbiters of constitutionality, particularly when matters of life, death, and bodily autonomy are at stake.

While America submitted for nearly half a century to Roe‘s legal fiction, approximately 63 million preborn lives were snuffed out. Yes, pro-lifers have mourned all these lives lost. But the genocide would not have been of this magnitude if, for nearly five decades, the pro-life movement had focused on upholding the Constitution’s guarantees of the inalienable rights to life and equal protection instead of wrongly submitting to the obviously unconstitutional Roe opinion. . .

In 2019, Texas Alliance for Life’s Joe Pojman told the Austin Chronicle that a Texas abolition bill couldn’t receive their support because “We could no sooner ignore SCOTUS than the force of gravity.” Other pro-life leaders have made similar statements wrongly affirming Roe as the law of the land–a murderous regime, to be sure, but worthy of deference nonetheless.

Now, instead of admitting that states should never have tolerated Roe, pro-lifers are hailing Dobbs as an example of how trusting in “the system” pays off. Forty-nine years of legally enshrined child sacrifice is not success. Forty-nine years of Roe and its progeny governing before the court finally righted its grave errors is not evidence of “the success of the conservative legal movement,” but rather a lasting stain on the character of this nation.

A virtuous nation loyal to the Constitution would never have tolerated Roe a single day, just as Dred Scott v. Sandford wasn’t tolerated. That odious ruling that attempted to ensure owning slaves was legal in every part of America was defied by state supreme courts, legislatures, and even President Abraham Lincoln. Likewise, success in the abortion battle would have been holding ground in defense of the preborn and expanding existing prohibitions on abortion. It would have been state officials nullifying or interposing unconstitutional laws, not deferring to judicial rulings that sought to distort the Constitution’s meaning. (Read more from “Pro-Lifers Should Never Have Tolerated Unconstitutional Roe, and Must Never Do So Again” HERE)

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