Overturning Roe vs Wade

The biggest news out of America this week is the leakage of a US Supreme Court draft opinion on Roe vs Wade.

What is Roe vs Wade?

In 1973, the decision in the case of Roe vs Wade made it a constitutional right for a woman to terminate a pregnancy up to the point of birth.

Let that sink in: it is a Constitutional Right to kill the unborn in America.

Since Roe vs Wade, there is an estimated 63,459,781 abortions in the US[1].

US Supreme Court Leak

In the US Supreme Court, the 9 Justices (judges) decide cases by exchanging written drafts of their opinions to each other, prior to making a final ruling. These internal discussions are kept with utmost secrecy and a breach of confidentiality ought to result with permanent expulsion from the legal profession. However, in 3rd of May 2022, a draft majority opinion (meaning at least 4 judges agreed with the opinion) from Supreme Court Justice Samuel Alito was leaked[2] to news outlet POLITICO[3].

In the Draft, Samuel Alito states:  

“Roe [Roe vs Wade] was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences.”

“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision”

The day after the leak, US Supreme Court Chief Justice John Roberts confirmed the authenticity of the leak and that the leak was:

“ [a] betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way.”

“This [the leak] was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here.”

“I have directed the Marshal of the Court to launch an investigation into the source of the leak.”[4]

The source of this leak obviously came from a pro-abortion law clerk, designed to alert pro-abortion advocates to put political pressure on the Supreme Court Justices, which is exactly what they are doing now.

Political Pressure of pro-abortionists

Protests were conducted outside of the US Supreme Court, and maps showing the location of each of the Justice’s home addresses were shared among pro-abortion activities, leading to further protests outside of the Justice’s homes (a federal crime[5]) and personal threats made on the Justices.

US Treasury Secretary Janet Yellen stated that “Roe vs Wade … helped increase labour force participation”[6] and “I believe that eliminating the right of women to make decisions about when and whether to have children would have very damaging effects on the economy, and would set women back decades”[7], as she claims that legalising the killing of the unborn will help the economy.

US Vice President Kamala Harris joined the chorus of pro-abortionists: “How dare they! How dare they tell a woman what she can and cannot do with her body. How dare they!”.[8]

US President Joe Biden has openly advocated for Congress to adopt legislation that codifies Roe vs Wade into law[9] and on the 12th of May 2022, the US Senate attempted and failed to pass Democrat-sponsored legislation to codify Roe vs Wade[10]. All 50 Republican Senators voted against the bill, and all but one Democrats (West Virginia Democrat Joe Manchin) voted for the bill. The bill required at least 60 Senators to pass.

Overturning Roe vs Wade means that abortion is no longer considered as a constitutional right.

But if Roe vs Wade is overturned, abortion is still legal in America.

So no victory yet, but it’s a step in the right direction.

Each of the US states will make their own laws about abortion.

What does this mean for us in Australia?

  1. Continue speaking up for those who cannot speak for themselves (Proverbs 31:8). America’s likely overturning of Roe vs Wade was fought for by decades of hard work. In the same way, your efforts will not be wasted.
  2. Prepare ourselves for the fight ahead. The vitriol and hatred directed at pro-life supporters in America is the same vitriol and hatred we will face in Australia.
  3. Pray that our Christian brothers and sisters in America will be strengthened to stand steadfast to protect the Lord’s unborn image-bearers. Pray we also will have strength to stand.

Patrick Jason – Member of Riverwood Punchbowl Anglican Church

[1] https://nrlc.org/uploads/factsheets/FS01AbortionintheUS.pdf

[2] https://s3.documentcloud.org/documents/21835435/scotus-initial-draft.pdf

[3] https://www.politico.com/news/2022/05/02/read-justice-alito-initial-abortion-opinion-overturn-roe-v-wade-pdf-00029504

[4] https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_05-03-22

[5] https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-1507.html

[6] https://www.youtube.com/watch?v=UjROkNlY1pg

[7] https://www.foxnews.com/media/janet-yellen-abortion-economics-comments-menendez-hearing-kudlow-hannity

[8] https://www.youtube.com/watch?v=-IrFlurR-ZQ

[9] https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/03/statement-by-president-joe-biden-4/

[10] https://www.youtube.com/watch?v=R8qCMISadKE