Shortly after Supreme Court Justice Anthony Kennedy announced his retirement, setting the stage for President Trump to make his second nomination to the nation’s highest court, Planned Parenthood tweeted out a lie in an effort to roil up supporters and drum up donations. It is a lie that has become commonplace in both feminist circles and the mainstream media (to the extent the two are separate circles in a Venn diagram), but it is still a lie nonetheless.
“Our constitutional right to abortion is on the line,” Planned Parenthood tweeted. “It’s time to fight back against any nominee who opposes Roe v. Wade and the right to safe, legal abortion.”
You can scan Planned Parenthood’s Twitter feed from now until the end of eternity, however, and you will never find a tweet alerting you to the part of the Constitution that guarantees every woman in America the “right to a safe, legal abortion.” That’s not because the organization is lazy, of course, but because there is no such right enumerated in the nation’s founding document, nor in any of the Amendments that have been added in the ensuing 200+ years. It is a fiction, a fallacy, and an outright lie.
Abortion “rights” are guaranteed by nothing other than one terrible Supreme Court opinion, and that is exactly why the left is freaking out right now. With a conservative court dedicated to actually READING the Constitution, their precious “right” to kill the unborn may be vanquished to the dustbin of history sooner than they could have possibly imagined.
The foundation of these absurd claims are of course the court case cited by Planned Parenthood: Roe v. Wade of 1973, in which the Supreme Court ludicrously decided that abortion fell under the 14th Amendment’s right to privacy clause. This is one of the most wrongly decided cases in the history of American jurisprudence, but it has nonetheless prevented states from regulating this evil industry in the way it should be regulated. 1992’s Planned Parenthood v. Casey improved the situation a tad by removing the “third trimester” limit that the ’73 ruling put on the states’ ability to restrict abortions, but it still maintained the central tenet of Roe v. Wade: No state could outlaw abortion altogether.
It would not take an extremist panel of judges much effort to find ample reason to overturn that black mark in the Supreme Court’s history. The only deciding factor is whether or not the current slate of conservative judges +1 new nominee will have the guts to make such a monumental decision.
But whether they do or they don’t, one thing will remain true: Abortion is not a constitutional right.