Fifty years of history proves that this decision did anything but quell the debate. The decisionalso set a legal precedent that affected more than 30 subsequent Supreme Court cases involvingrestrictions on access to abortion. The fate of the Roe v. Wade decision continues to lie with theever-changing Supreme Court. “Although every ruling since 1973 upheld the decision, the compositionof the Court changes with every retirement. Activists on each side demand a “litmus test” for any justicenamed to the federal courts.
Republicans have tended to appoint pro-life judges, and Democrats haveselected pro-choice nominees. At the dawn of the 21st century, the battle remains as fierce as ever”(Roe v. Wade and its Impacts). In other words, overturning this decision is possible; I believe it isnecessary.Justice Scalia argued that whether pro-life or pro-choice, all Americans should dislike Roe v.Wade because it’s undemocratic. Overturning Roe v. Wade means a return to true democracy inAmerica.
It means fidelity to our Framers and fidelity to our founding principles. “Though mostAmericans oppose overturning Roe v. Wade, data indicate that many do so because they that believethat, in the absence of Roe, abortion would be outlawed nationwide. In reality, if the Supreme Courtwere to overturn some or even all of Roe, the question of abortion would return to the states, allowingstate governments to establish permissive abortion laws or to regulate abortion to protect the unborn”(DeSanctis).
The first reason that Roe v. Wade is undemocratic is because falsely affords the federalgovernment the ability to regulate abortion, which should be reserved for the states to do. “A significantyet little acknowledged fact about Roe is that Jane Roe (a name created to protect the identify ofplaintiff Norma McCorvey in her suit against Texas’s abortion ban) became intensely pro-life later in lifeand now works full time as a pro-life activist.
She has said that her role in the landmark court case wasthe biggest mistake of her life. She also stated that she had been persuaded by her attorneys to makeher case more convincing by lying and saying that she had been raped.” The second reason Roe v. Wadeis undemocratic is because it rests upon false testaments. The third reason that Roe v.
Wade isundemocratic is because Blackmun’s assertion that the word “person” does not apply to the unborn isplausibly the most flawed legal argument since the dehumanizing decision in Dred Scott v. Sandford.