"These facts should give conservative opponents of Roe pause. Can it be that they have misunderstood the central tenets of their own philosophy? Do they have a good account of why this philosophy should apply to all sorts of other choices, but not to the choices made by women about whether to bear a child? Many anti-Roe activists would no doubt respond that the abortion decision is different because it is not merely self-regarding. The rights of another entity-the fetus-are at stake. If this were true-if the fetus were an appropriate rights bearer-this argument would have considerable force. But some Roe supporters deny that it is true. One thing that has persisted for the quarter-century since Roe was decided-and is likely to persist for the indefinite future-is moral disagreement among intelligent and well-intentioned people about the moral status of the fetus. Some conservative opponents of Roe claim that this moral disagreement serves to undermine Roe. If people disagree about abortion, they argue, and if the disagreement cannot be settled by reference to the text of the Constitution or the intent of the framers, should not the disagreement be settled by the political process? Does not Roe therefore reflect indefensible judicial activism?"
Roe v. Wade

January 1, 1970