Let Roe go

The decision itself is a poorly reasoned mess. It failed to mount a convincing case that the Constitution contains language that can be read as guaranteeing a woman’s right to abort her pregnancy. Nor have the subsequent courts that amended and extended Roe managed to come up with a constitutional justification; it’s all “emanations and penumbras” and similarly float-y language that did little to convince opponents that Roe v. Wade was a good or necessary ruling. Even many liberal supporters of a constitutional right to abortion have voiced concerns about the way the Burger Court got us there; those critics include Justice Ruth Bader Ginsburg.

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That poor drafting quasi-accidentally left America with some of the most permissive abortion laws in the world, far beyond what most legislatures would permit if the matter were open to public debate. Today, the United States is one of only a handful of countries to allow elective abortions after the 20th gestational week.

And that, in turn, is the biggest problem with Roe: It has given the most religious developed country in the world one of the world’s most permissive abortion laws.

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