Last month, Mississippi presented a brief to the Supreme Court arguing that our national charter, the Constitution of the United States, does not confer a right to abortion. This is irrefutably true. No such right can be found in the text of the Constitution, or in its structure, logic or original understanding. Mississippi then took the next step: asking the court to finally admit that cases claiming that there is such a right – Roe v. Wade and Planned Parenthood v. Casey – had been wrongly decided and need to be overruled.
In what will prove to be the most watched – and most important – Supreme Court case in nearly half a century, the court will have an opportunity to correct a grievous error, one that has not only lent legal, indeed constitutional, cover to the elective killing of unborn children literally by the millions, but has also deeply corrupted American constitutional jurisprudence. If the justices – particularly those nominated as originalists and constitutionalists – fail to correct that error, they will undermine their own and the court’s credibility and precipitate a social revolt from conservative and Republican voters — voters who worked so hard to produce the current composition of the court.
The nonexisting ‘right’ to abortion
Mississippi’s argument is straightforward: Roe and Casey confected a “constitutional right” to abortion out of thin air. The majorities in those cases did not actually find such a right; they simply imposed their own moral-political opinions about the desirability of legal abortion.
Neither the so-called right to privacy appealed to by the Roe court, nor the “liberty” right to “personal decisions” that the Casey court conjured up, was agreed to, in practice or in principle, by the framers and ratifiers of the due process clause of the 14th Amendment, where the justices in Roe and Casey claimed to find them, or in any other provision of the Constitution.
Read more at USA Today