- Monday, July 16, 2018

The Democratic Party has been very successful in raising money by scaring people about the possibility of losing the ability to get a legal abortion. The left points to a possible Supreme Court decision overturning Roe v. Wade with a strong suggestion that such a decision would make abortions illegal. This is not accurate, for two reasons.

First, prior to the Roe v. Wade decision of the Supreme Court in 1973 each state had the right to determine the availability of and regulations for abortion. For example, since the New York state government wanted legal abortions, abortion was legal in New York state. Likewise, Mississippi could outlaw it.

Second, the Supreme Court operates on the principle of stare decisis, which means “settled law.” This is an American tradition and is rarely overturned. Since Roe v. Wade has been American law for 45 years it is unlikely to be overturned.



In the rare event that Roe v. Wade is overturned, each state would then have the right to make a decision with regard to abortion.

ARTHUR HORN

Boca Raton, Fla.

Copyright © 2025 The Washington Times, LLC. Click here for reprint permission.

Please read our comment policy before commenting.