In the current hearings (or “witch hunt”) to confirm Samuel Alito as the next Supreme Court justice, Democratic senators like Chuck Schumer and Dick Durbin have attacked Alito for not believing that the Constitution protects a woman’s right to an abortion.
I would like to turn the tables a bit and challenge any person (because I know the senators won’t or can’t) to provide an argument that demonstrates how the Constitution does protect abortion.
We assume that since Roe v. Wade decided that the Constitution gives a woman a right to abort a fetus for the entire nine months of the pregnancy, the case is closed.
However, we had no problem overturning such decisions as Plessy vs. Ferguson (“separate but equal”) and others at different points in history. If the Supreme Court could be wrong in the past, why couldn’t it be wrong with Roe v. Wade? In fact, I would argue, it is.
After all, many a legal scholar will tell you that the argument found in Roe v. Wade is weak as a willow. This is the dirty little secret behind Democratic attempts to make sure no pro-life judge gets appointed.
They know that Roe v. Wade can only stand so long as justices have an emotional (not legal or rational) commitment to protecting abortion. Emotion was used to write Roe v. Wade and must be used to maintain it.
So, those of you who believe in Roe v. Wade must realize that your support is not legalistic or intellectual or logical. It is emotional and based on your belief that a woman has some sort of God-given right to decide that a new life in her womb is subject to her decision to kill it or not.
That may be your opinion, but is it protected by the Constitution? I do not think so. If you do, I’d like to see you prove it. Seriously.
Trey Hoffman
Peachtree City, Ga.