"Were the matter not so deadly serious the Justices’ attempts to supply the principles rationale Roe lacked would be subject of sport. The Justices said that “liberty” includes the “right to define one’s own concept of existence, of meaning, or the universe.” Really? Does the law which prohibits killing have no point of view? Besides, how does this “mystery passage” tell us who counts as a person with such an expansive right? Elsewhere in Casey the Justices said that the right o bear children depends upon the right to abort. All of us, regardless of our views about abortion, exercise the same right, and thus all of us can and should support abortion rights. Except, of course, those who draw a principled distinction between killing and nurturing life. Much has been written of these feeble attempts to mask judicial arbitrariness, and I have written some of it. But, I submit, the real “rationale” of Casey is, simply, Roe itself and the passage of time. Casey: An “entre generation has come of age free * * * to make reproductive decisions,” including the decision to abort.” Roe was based on a constitutional analysis –[sic] which we cannot now repudiate.” Roe v. Wade was indeed “raw judicial power”. And so it should surprise no one that the reaffirmation in Casey, has not silenced its critics. Tomorrow’s march here in D.C. will evidence the Court’s failure to persuade. And the march will again be testimony to the decency and law abidingness of our people. They will wonder tomorrow about the Casey retreated into the status quo. Some of the people marching tomorrow will remember Brown v. Board of Education, the decision handed down in 1954. Some of them will know that John W. Davi, who represented the segregationist states, made more than one argument, but his most forceful one was this. Davis cited the Court to its own holding nearly sixty years before, in Plessy v. Ferguson, and to six succeeding cases which, David said, affirmed Plessy. “Separate but equal”, Davis said in so many words, may not be all that the law should be, but it was the Court’s word, and the fact was that an entire culture-the South and parts of the North-had grown up around segregation. Plessy should not now be repudiated. The difference between Davis’ argument and the argument of the Casey Court is approximately one generation. The moral truth prevailed in 1954. We should hope and pray that we do not wait another generation until the truth about the unborn is finally heard, and heeded, in our highest Court."
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Roe v. Wade
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the
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