Roe v. Wade Wrongly Decided?

The Controversy of Roe v. Wade: Examining the Need for the Majority Opinion

Should the outcome in Roe v. Wade be overturned? Absolutely not! Upon a thorough understanding of the case, this answer becomes clear. However, it is worth questioning the merit and necessity of the majority’s written opinion. As for me, I agree with the decision.

What was at stake in this case? The core issue revolved around whether a state had the authority to criminalize a medical procedure. Specifically, the Texas law deemed all abortions illegal, regardless of circumstances. This should have been an open-and-shut case; in fact, the court could have dismissed it entirely. All lower courts had ruled uniformly on the matter.

In the years leading up to Roe v. Wade, abortion had been a subject taught within prestigious law schools across the country. From Michigan to John Hopkins, it was recognized as a necessary medical procedure in certain cases, such as the threat of death to both mother and fetus. I am not arguing for it as a form of birth control, but rather as a deeply personal medical procedure that lawmakers may struggle to comprehend.

The late Harry Blackmun Esq., author of the Roe v. Wade decision, attempted to demonstrate his understanding of the procedure in his opinion, which had a 7-2 majority. Though not a medical doctor, Blackmun drew on his experience as lead counsel for the Mayo Clinic. While his opinion was intelligently written, it proved unnecessary. Instead, he should have emphasized the intimate nature of the doctor-patient relationship during this procedure, and acknowledged the state’s interest in safeguarding the health, welfare, and morals of the patients through reasonable regulations. It would have been beneficial if he had outlined what those regulations might entail. Today, this is how his decision is mostly interpreted, but the lasting impact and political discourse within the opinion has caused a widespread misunderstanding and ongoing turmoil in American politics.

Roe v. Wade, despite its correct outcome, represents a failure of judicial restraint. The opinion should have been minimal or even non-existent by denying the case entirely. It is unfortunate that many intelligent individuals fail to grasp this concept. As Einstein famously stated, “I propose that two things are infinite, the universe and human stupidity. However, I’m only certain of the latter.”