There may be no more controversial court case in the last fifty years than Roe v. Wade. That case, as you likely know, is considered by many people as the legal basis for legalized abortion in America.
What you may not know is that Roe is not just controversial to political conservatives and Americans who support morality. It’s also controversial among legal scholars, too.
Most court cases about abortion have tried to find ways to work around the Roe v. Wade ruling, but, now, one state has asked the Supreme Court to overturn Roe v. Wade completely. Jack Phillips writes,
Mississippi’s attorney general asked the U.S. Supreme Court on July 22 to overturn the landmark abortion decision Roe v. Wade and argued that the practice shouldn’t be considered a constitutional right.
“The conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition,” Attorney General Lynn Fitch, a Republican, told the nine justices in a new court filing.
“Abortion is fundamentally different from any right this Court has ever endorsed,” Fitch wrote. “No other right involves, as abortion does, ‘the purposeful termination of a potential life.’”
“Roe broke from prior cases, Casey failed to rehabilitate it, and both recognize a right that has no basis in the Constitution.
The filing argues that abortion is not an issue that belongs in the courts because it’s not a right listed in the Constitution and that the issue belongs in the legislature.
In other words, the ruling in Roe v. Wade violated the separation of powers in the Constitution by those justices legislating from the bench.
Whatever your opinion on the abortion issue, this ruling is absolutely right: abortion should be taken up and debated in the legislature of individual states or, maybe, Congress. The Supreme Court overstepped their Constitutional bounds in that original ruling.