Supreme Court Must Overturn Roe v. Wade

During the lengthy oral arguments in the case of Dobbs v. Jackson Women’s Health Organization, the always loquacious Justice Breyer suggested that Roe v. Wade could be considered legitimate on the grounds that, back in 1973, “the country, for better or for worse, decided to resolve their differences by this Court laying down a constitutional principle, in this case, women’s choice.” If the Supreme Court is to avoid damaging its reputation with its impending decision in Dobbs, it must assiduously reject Breyer’s line.

Every part of Breyer’s claim is wrong. In no manner did the “country” ask the Court to “resolve” its differences on abortion; the Court did that on its own. In no sense were any of those “differences” actually “resolved” by the Court; as evidence, witness the last 50 years of American politics. And there was no real “constitutional principle” at stake, because Roe was invented from whole cloth.

About the Author

Charles C. W. Cooke

Charles C. W. Cooke is a senior editor at National Review and the host of The Charles C. W. Cooke Podcast.

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During the lengthy oral arguments in the case of Dobbs v. Jackson Women’s Health Organization, the always loquacious Justice Breyer suggested that Roe v. Wade could be considered legitimate on the grounds that, back in 1973, “the country, for better or for worse, decided to resolve their differences by this Court laying down a constitutional principle, in this case, women’s choice.” If the Supreme Court is to avoid damaging its reputation with its impending decision in Dobbs, it must assiduously reject Breyer’s line.

Every part of Breyer’s claim is wrong. In no manner did the “country” ask the Court to “resolve” its differences on abortion; the Court did that on its own. In no sense were any of those “differences” actually “resolved” by the Court; as evidence, witness the last 50 years of American politics. And there was no real “constitutional principle” at stake, because Roe was invented from whole cloth.