Although the Supreme Court has overturned Roe v Wade on the grounds that the Constitution is neutral on the issue of abortion, its decision does not make abortion either unconstitutional or illegal. It is, in my opinion, unbelievable that 63 million unborn children have been aborted over the last 49 years in America on the basis of an illegitimate 1973 Supreme Court Decision—Roe v Wade—that has now been found by our current Supreme Court to have had absolutely no constitutional basis. However, it is not only unbelievable to me that a former Supreme Court concocted a contrived constitutional right for a woman to terminate the life of her unborn child, but also that our present Supreme Court has failed to recognize and uphold the unborn child’s fundamental and constitutional right to life.
At the heart of the Supreme Court’s 1973 Roe v Wade Decision was the Court’s dehumanizing of the unborn, which today’s Supreme Court does not even address, much less correct, in its overturning of Roe v Wade. Therefore, yesterday’s Dobbs v Jackson Women's Health Organization ruling by the Supreme Court does not outlaw abortion in America as the taking of an innocent human life, but simply sends it to the states, not only to determine for themselves whether to permit or prohibit abortions, but also to determine for themselves to what degree abortions should be permitted or prohibited. This, may very well result in some liberal states, such as California and New York, not only legalizing full-term abortions, but also gruesome partial-birth abortions and unconscionable live-birth abortions.
In authoring the Supreme Court’s infamous Roe v Wade Decision, Justice Harry Blackmum wrote: “The word ‛person’ as used in the 14th amendment [the amendment that forbids depriving any person of their right to life, liberty and property] does not include the unborn. The unborn have never been recognized in the law as persons in the whole sense.” Therefore, Blackmum concluded, “a fetus is not a person but only potential [human] life.” Thanks to this judicial sleight of hand—the dehumanizing of unborn children—the Supreme Court was able to justify and make possible the unspeakable inhumanity of abortion on demand. After all, what better way to disguise inhumanity than to claim that its victims are not human?
This denying of personhood to the helpless victims of inhumanity has always been the justification for history’s most abhorrent evils. For instance, in 1875, the Supreme Court, in its infamous Dred Scott Decision, legalized slavery on the basis that slaves were only 3/5ths human, and therefore could be legally classified as property rather than persons and bought and sold by their owners.
In 1936, the German Supreme Court ruled that Jews, who had already been stripped of all their rights, were not to be legally recognized as persons. Instead, Jewish people were viewed by the German government as “sub-humans” or, as Adolf Hitler wrote in Mein Kampf, parasites in the body of other peoples. This denial of personhood to the Jewish people paved the way for the Holocaust and its unconscionable extermination of millions of innocent Jews.
Just as the denial of personhood was used by the German Supreme Court to justify the horrors of the Holocaust, it has also been used by our own Supreme Court to justify the horrid inhumanities of slavery and abortion on demand, with its 63 million American victims, and counting. While you may rejoice over yesterday’s Supreme Court ruling, which overturned Roe v Wade, you should temper your enthusiasm, since the Supreme Court neither outlawed the evil of abortion nor addressed the dehumanizing of its innocent victims, which will continue to strip them, especially in blue states run by prochoice progressives, of their God-given, inalienable, and constitution right to life.