More Radical than Roe: The New Absolutism on Abortion

The 1973 Supreme Court decision in Roe v. Wade, which struck down the pro-life statutes of every state in the Union, was described by John Hart Ely as “not constitutional law,” that is, he wrote, “this super- protected right is not inferable from the language of the Constitution.” Sweeping as Roe v. Wade was –and the precedent has been used to strike down literally hundreds of pro-life laws since 1973 - today’s advocates for unlimited abortion work daily to expand its boundaries to further de...