WASHINGTON — Today marks 43 years since the issuance of the U.S. Supreme Court’s opinion in Roe v. Wade, which has resulted in the deaths of nearly 60 million American babies and counting through “legalized” abortion.
As previously reported, the 1973 case of Roe v. Wade dealt with an admitted false claim of rape by a single Texas woman named Norma McCorvey, who challenged the state’s laws criminalizing abortion with the exception of the life of the mother. McCorvey is now pro-life and speaks against abortion.
Out of the seven justices that ruled in favor of Roe, five were Republicans. The court discussed the reasons why abortion has historically been outlawed in the nation, including the binding vow of the Hippocratic Oath and the influence of Christian ethics. It also noted that in pagan nations such as Greece and Rome, “[a]ncient religion did not bar abortion.”
Judge Harry Blackmun, nominated by Richard Nixon, wrote the majority opinion issued on Jan. 22, 1973. Blackmun stated that the Constitution does not include the unborn as being persons, and therefore, they may not receive equal protection.
“The Constitution does not define ‘person’ in so many words,” he wrote. “[I]n nearly all these instances [where it is cited], the use of the word is such that it has application only post-natally. None indicates, with any assurance, that it has any possible pre-natal application.”
“All this, together with our observation, supra, that, throughout the major portion of the 19th century, prevailing legal abortion practices were far freer than they are today, persuades us that the word ‘person,’ as used in the Fourteenth Amendment, does not include the unborn,” he continued. “In short, the unborn have never been recognized in the law as persons in the whole sense.”
The court’s comments about the “viability” of the child—when the infant could live apart from his or her mother outside of the womb—also influenced future rulings that have allowed abortion to continue.
“Physicians and their scientific colleagues have regarded [the concept of ‘quickening’] with less interest and have tended to focus either upon conception, upon live birth, or upon the interim point at which the fetus becomes ‘viable,’ … albeit with artificial aid,” Blackmun wrote. “Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks.”
However, some believe that the Supreme Court’s logic was faulty and contend that gestational age does not make the child less human or unworthy of life. The film “Come What May,” produced by Patrick Henry College students, centers on this argument.
“They tear the baby out of its only means of life support, and say, ‘Wow, look at that; our machines can’t sustain it’s life,’ and somehow, that proves it’s not viable?” Caleb Hogan, played by Austin Kearney, declares in the production.
The following year after the issuance of Roe, thousands of Americans marched outside of the U.S. Supreme Court on the anniversary of the ruling to speak against the killing of unborn children. Tens of thousands are expected to march today despite snow storm Jonas, which is closing many offices throughout the Washington, D.C. area.
“The peaceful demonstration that has followed on this somber anniversary every year since [1973] is a witness to the truth concerning the greatest human rights violation of our time, abortion,” reads a statement on the March for Life website.
2016 is expected to again be a significant year for the Supreme Court surrounding the issue of abortion. As previously reported, the court has agreed to hear another case out of Texas that challenges safety regulations for abortion facilities, including the requirement that abortionists have admitting privileges at a hospital within 30 miles of the facility, and that facilities be held to the same standards as surgical centers.
The abortion giant Planned Parenthood, which reported last month that it aborted 323,999 babies in 2014, is among those challenging the Texas law as it contends that it will result in the closure of most abortion facilities in the state.
“Texas is the second-most-populous state in the nation—home to 5.4 million women of reproductive age,” read the petition filed to the court by several abortion facilities, including Whole Woman’s Health, Austin Women’s Health Center and Killeen Women’s Health Center. “More than 60,000 of those women choose to have an abortion each year.”
A ruling is expected from the high court in June.