No, abortion isn't a constitutional right

In the past several weeks, a bevy of states have passed extensive new restrictions on abortion. Alabama has effectively banned abortion from point of conception. Georgia has banned abortion from the time a heartbeat is detected, as have Ohio, Kentucky and Mississippi. Missouri has banned abortion after eight weeks. Other states are on the move as well.

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This has prompted paroxysms of rage from the media and the political left — the same folks who celebrated when New York passed a law effectively allowing abortion up until point of birth and who defended Virginia Gov. Ralph Northam’s perverse statements about late-term abortion. According to these thinkers, conservatives have encroached on a supposed “right to abortion” inherent in the Constitution.

This, of course, is a lie. There is no “right to abortion” in the Constitution. The founders would have been appalled by such a statement. The Supreme Court’s decision in Roe v. Wade (1973) is a legal monstrosity by every available metric: As legal scholar John Hart Ely wrote, Roe “is not constitutional law and gives almost no sense of an obligation to try to be.”

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