"[O]n the eve of its 25th anniversary, it seems fair for us to look at Roe with the benefit of experience and expanding medical knowledge and to ask, has it stood the test of time? As a legal matter, the absence of any constitutional text at the foundation for the trimester model established in Roe has resulted in an abortion framework marked by both confusion and instability. It demonstrates the dangers of building legal rules on the quicksand of judicial imagination rather than on the certainty of constitutional text. The trimester model of Roe proved so artificial that the Court struggled with it initially and then ultimately abandoned it. While paying lip service to Roe, the Court formally interred the trimester framework in its 1992 Casey decision. The current constitutional standard permits restrictions on abortion only if they do not place an “undue burden” on the Court’s right to an abortion. Tragically, this is a standard which gives the Court unlimited discretion to authorize the destruction of innocent human life. Thirty-seven million children have been destroyed since Roe v. Wade became the law of the land-37 million children who will never know the warmth of a father’s embrace or the strength of a mother’s love. It is a tragedy unmatched in modern times. Regrettably, the damage that Roe has wrought on the culture and the Constitution has not been confined to the realm of abortion. To buttress Roe as a constitutional law, the courts have created exceptions to the individual rights that are constitutionally protected. So, for example, to protect Roe, the Court has weakened the first amendment speech guarantees that Madison championed and for which patriots died. The Roe decision appears to have fared no better as a matter of modern medical practice than it has as a matter of constitutional law. Roe’s trimester framework was from the very beginning an oversimplification, nothing more than a whole-cloth creation of Justice Blackmun’s legal mind. Developments in medical technology, from the widespread use of ultrasound to the miracle of in utero surgery, have completely undermined the medical assumptions upon which Roe was premised."
January 1, 1970