ROE v. WADE AND THE CURRENT SUPREME COURT
October 4, 2005
Some recent stories in the news media incorporate incorrect information or assumptions about the legal status
quo on abortion. On September 14, 2005, the Los Angeles Times published
an eye-opening examination, written by its veteran Supreme Court
reporter, on the true scope of the "right to abortion" created by the
Supreme Court in Roe v. Wade and more recent rulings, which are still
often badly misunderstood. (It is
here.) The article also summarizes documents that reveal the
internal processes at the Supreme Court that produced Roe v. Wade in
1973.
Among currently sitting Supreme Court justices, six
(including Sandra Day O'Connor) have voted in favor of Roe v. Wade --
that is, in support of the doctrine that abortion must be allowed for
any reason until "viability" (about five and one-half months), and for
"health" reasons (broadly defined) even during the final three months of
pregnancy. Two justices (Antonin Scalia and Clarence Thomas) have voted
to overturn Roe, and one (John Roberts) has not voted on the matter.
A refutation of the myth that the Supreme Court has
been divided 5 to 4 on Roe v. Wade, issued by the Annenberg Center's FactCheck.org, is posted here:
http://www.factcheck.org/article176.html
However, regarding the permissibility of a meaningful ban on
partial-birth abortion, the current Court is split 5-3 in favor of
partial-birth abortion (not counting Chief Justice Roberts, who has
not voted on the issue). In 2000, Justice O'Connor voted to say
that Roe v. Wade prevented bans on partial-birth abortion. (Stenberg
v. Carhart, 2000) On September 23, the Bush Administration's
Solicitor General asked the Supreme Court to accept for review, this
term, a lower-court ruling that struck down the federal
Partial-Birth Abortion Ban Act. The Solicitor
General's petition is posted
here.
On November 30, 2005, the Supreme Court will hear
oral arguments in Ayotte v. Planned Parenthood of Northern New
England, a case which will determine whether states can continue to
require that a parent be notified before an abortion is performed on
a minor daughter. Some observers believe that the case may be
decided on a 5-4 vote, one way or the other.
National Right to Life is the nation's largest
pro-life organization, with 50 state affiliates and approximately 3,000
local affiliates nationwide. NRLC works through legislation and
education to protect those threatened by abortion, infanticide,
euthanasia, and assisted suicide.
To go to the main
NRLC index on Judicial Nominations, click here.
To go to the main NRLC index on Media Myths, click
here.
To read about several other myths about Roe v. Wade, click
here.
To go the NRLC home
page, click here.