Clark Forsythe, senior legal counsel at Americans United for Life, predicts that the Roe v. Wade decision will be eventually overturned.
He has published a new book, Abuse of Discretion: The Inside Story of Roe v. Wade, in which he describes the results of his research into the papers of eight of the nine Supreme Court justices who voted in Roe.
In an interview published by Christianity Today, Forsythe notes that his first shock was that the justices accepted the Roe v. Wade case (and the Doe v. Bolton case from Georgia) not to consider the abortion issue but “to address a mundane jurisdictional procedural issue about the relationship between state and federal courts.”
Taking advantage of the abrupt retirement of two justices, activist judges on the court decided to “sweep away the abortion laws as quickly as they could.”
In their decision the justices considered issues that were not part of the lower court rulings such as the statement “abortion is safer than childbirth” (known today to be false) and viability.
Furthermore, evident in the private papers was that the “[f]ear of ‘the population crisis’ was a huge influence” on the decision.
In effect, activist judges on the Supreme Court “completely took the issue of abortion away from the American people. The justices control it, every aspect of it.”
However, Forsythe notes that legal limits to abortion have made progress and that public pro-life opinion has improved. Additionally, medical studies are showing the health risks resulting from abortion.
Forsythe concludes that “the Court will not be able to keep Roe v. Wade because its defects are so profound.”
Let us try to make the day Roe v. Wade is overturned come as soon as possible.