Friday, August 19, 2022

Goodbye Roe, life has won!

Roe v Wade, the most gruesome SCOTUS ruling in modern-day America which had guaranteed constitutional protection to terminate an unborn lives from the mother’s womb as a result of which an estimated 60 million unborn lives had already been denied the right to life since the ruling in 1973, is now finally overruled. With some of America’s most powerful political institutions including the Washington establishment, Mainstream Media and Liberal forces in full throttle to secure Roe v Wade, nobody in our generation would ever dream of seeing the overruling of Roe v Wade in our lifetime.


But thanks to President Donald Trump who had completely overhauled the United States Supreme Court (SCOTUS) by appointing three Conservative Pro-Life Justices during his eventful four years presidency, the three Trump’s appointees brave conservative Justices joined by three more legendary Conservative Justices overcome all odds and delivered a 6-3 verdict on the Dobbs v. Jackson Women’s Health Organization case on June 24, 2022, to throw Roe v Wade into a dustbin of history, and thus ensuring that Conservative and evangelical Christians, belonging to both Catholics and Protestants, are finally rewarded for championing the cause for Right to Life for the last five decades and for overwhelmingly voting for President Donald Trump in 2016. In effect, President Donald Trump remains the most consequential US President in modern history and the 2016 US Presidential Election became the most consequential election in the modern history of America.
It was on January 22, 1973, the then Liberal majority SCOTUS delivered a 7-2 ruling in favour of Roe, a pseudonym of the plaintiff Norma McCorvey, to “provides a fundamental right to privacy that protects a pregnant woman’s liberty…” with the then two Conservative Justices William Rehnquist and Byron White on the historic side of dissent.


Dissenting the Roe v Wade ruling Rehnquist, who went on to become Chief Justice of the SCOTUS, had stated: “While a party may vindicate his own constitutional rights, he may not seek vindication for the rights of others.” While the majority of the bench in the SCOTUS in 1973 may have favoured the constitutional protection for the right to abortion, the conscience of the nation remains with the dissenting words/voice of Rehnquist reminding the world that the right to abortion denies the right to life of the unborn. Roe v Wade did not end the movement for the Right to Life and the issue remain within the political and public discourse in America and the world.
Roe v Wade was founded on two fundamental constitutional flaws. One, the imposing of federal restrictions on the question of what is legal had undermined the autonomy and power of the states and the spirit of the federation.
The debate as of now is not whether abortion should or not be made legal (Hope the SCOTUS will debate on this in near future) but whether Constitution confers the right to abortion. Second, the ruling deprived the Right to Life as enshrined in the fourteenth amendment of the Bill of Rights which guarantees to person the right to life and liberty. This person’s right to life is extended to the life of the unborn in the mother’s womb. Roe v Wade was not a controversial ruling that polarized the minds of the American people and the world; rather it was a catastrophic ruling that had cost more than 60 million unborn lives in the last 49 years.
And if overturning of Roe is a cause of celebration as the millions of yet-to-be-born will now get a chance to have the right to life, it is also a cause of mourning as Roe will forever remind humanity of the dark chapter of history where millions of unborn lives were sacrificed at the altar of “choice” during the Roe’s era. This should strengthen the resolve of humanity and the Pro-Life movement to ensure that the ghost of Roe should never resurrect to haunt the world again.
The Dobbs v. Jackson Women’s Health Organization ruling had corrected the Roe’s historical and constitutional flaws. In a historic ruling, the SCOTUS held: “The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.” The ruling affirmed that the Constitution, in its original form, does not guarantee constitutional and federal protections and funding to women seeking the right to abortion nor did the Constitution legalize or sanction abortion.
The ruling did not make abortion illegal countrywide but abolished the constitutional right to abortion that was guaranteed by Roe. Instead, the issue is now returned to the American people, the 50 states and elected representatives to determine and regulate their own course of action.
Delivering the historic opinion of the SCOTUS, Justice Samuel Alito, appointed by George W. Bush in 2005 and the author of the opinion, wrote: “The weaknesses in Roe’s reasoning are well-known. Without any grounding in the constitutional text, history, or precedent, it imposed on the entire country a detailed set of rules much like those that one might expect to find in a statute or regulation.”
The Dobbs v. Jackson ruling not only reaffirmed the Right to Life as the central theme of the Constitution but also shielded Life from any form of regulation from the government authority and establishment.
It is interesting to note here that back in 1982 as a then-Senator of the state of Delaware Joe Biden supported a constitutional amendment for overturning Roe v Wade by stating: “I don’t think that a woman has the sole right to say what should happen to her body.” Only he alone can explain how a Pro-Life Senator of 1982 can turn into a bigot advocating for the denial of the Right to Life to the millions of unborn.
In any case, the right to do whatever we wish to our body, be a male or female, which is the central premise of the Pro-Choice movement, is an insane idea. Our body/life does not belong to us; it belongs to the Maker and it is His gift to us. And we only need to exercise good stewardship over the gift of Life that is bestowed on us by our Maker by defending and promoting Life in the world.
Dr. Nsungbemo Ezung, Wokha Town

Most Read