By Scott Tibbs, July 19, 2018
Do we, as conservatives, believe that the text of the U.S. Constitution should be interpreted as written? Do we, as conservatives, believe that the original intent of the framers should be honored? Do we, as conservatives, believe in the rule of law? If we believe in all of those things, then we must overturn Roe v. Wade.
In terms of constitutional law, Tomi Lahren was simply wrong when she argued that it would be a mistake to overturn the decision that threw out state laws against abortion. Legally, Roe is a terrible decision and an example of judicial activism, when the Supreme Court invented a right that did not exist in the Constitution. Even putting aside whether or not abortion should be illegal, Roe is bad case law.
Lahren's reasoning is even worse. She made her case based not on the law, but on political factors. This indicates a fundamental misunderstanding of the judicial system. We should not support legal outcomes because they are politically beneficial to the Republican Party. That is the kind of argument Leftists use when advocating the court act as a super-legislature to make policy. Our only concern should be whether court decisions are in line with the text of the Constitution.
Not only is there nothing in the Constitution protecting the "right" to kill babies, the proper interpretation of the Fourteenth Amendment is to mandate that abortion be criminalized nationwide. That amendment, after all, makes it illegal for states to deny to any person the equal protection of the law. Not including unborn babies under existing murder laws is just as unconstitutional as not protecting black people under those same laws.
Of course, overturning Roe v. Wade will not ban abortion. Not a single abortion would be prevented by overturning that decision. What it would do is throw abortion back to the states - an improvement over what we have now but by no means the end of the fight to protect babies from being murdered.