The 40th anniversary of Roe v. Wade will bring the nation face to face with the abortion question once again. More accurately, it will serve as an opportunity for activists and supporters on both sides of the abortion controversy in America to consider where the nation stands, four decades after Roe.
Roe was decided by the U.S. Supreme Court on January 22, 1973. The divided Court handed down a confusing and complex decision, constructed by Justice Harry Blackmun in an effort to put the abortion controversy to rest. The decision was simple enough in its main point -- that a woman had a constitutional right to an abortion for any reason or for no reason within the first trimester of her pregnancy. The effect was to legalize abortion on demand nationwide.
Nevertheless, Roe did not put the abortion issue to rest. The decision was constructed out of Justice Blackmun's own constitutional and obstetric creativity. He invented the notion of three trimesters of pregnancy as a legal concept and then created an unfettered right to abortion within the first trimester. From the onset, abortion advocates have opposed any effort to restrict abortion in the second and third trimesters, or to regulate abortion providers and clinics.
[Read the rest of the article at AlbertMohler.com.]