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Lobbying Information | U.S. Supreme Court
Public Policy Report | Public Policy Links

   

Public Policy Report - July 1, 2005

U.S. Senate Explores the Consequences
of Roe and Doe

By Nathan Burd, Director of International Program & Public Policy

As speculation continues that one or more U.S. Supreme Court vacancies are about to occur, members of the U.S. Senate have decided that the time is right to revisit the impact of the Roe v. Wade and Doe v. Bolton decisions.

Roe v. Wade legalized abortion in 1973 by overturning all state laws outlawing or restricting abortion and remains one of the most controversial Supreme Court decisions in U.S. history. Doe v. Bolton, also decided in 1973, legalized abortion through all nine months of pregnancy with its broad definition of “health.”

On June 23, a Senate Judiciary subcommittee held a fascinating hearing entitled “The Consequences of Roe v. Wade and Doe v. Bolton” to explore the rationale for these decisions and their results. The featured witnesses were Norma McCorvey, the plaintiff in the Roe v. Wade case, and Sandra Cano, the former Doe of Doe v. Bolton. Each woman described how lawyers manipulated their circumstances to radically expand the harmful reach of abortion throughout America . McCorvey and Cano, now both devoted pro-life advocates, struggle with their connection to current abortion laws.

“At no time did I ever have an abortion. I did not seek an abortion nor do I believe in abortion,” testified Cano. “Yet my name and life is now forever linked with the slaughter of 40-50 million babies.”

McCorvey testified that she was “used and abused by the court system in America ” and that she “dislikes the name Jane Roe and all that it stands for.”

McCorvey and Cano, both forever linked to the aftermath of Roe and Doe, are now leading voices in the effort to reverse these tragic and dangerous U.S. Supreme Court decisions. Members of the U.S. Senate are taking notice.

Senator Sam Brownback (KS) chaired the hearing and estimated that 40 million abortions have occurred since Roe and Doe. The Senator described the court decisions as “a gross injustice…”

Senator Mike DeWine (OH) explained that abortion hurts women and “has many victims, not just the unborn.”

The United States Senate is the body that has the responsibility of confirming members of the U.S. Supreme Court. As court vacancies occur, it is imperative that more members of the Senate come to understand the horrors of abortion and the legal miscalculations of Roe and Doe. If the Senate confirms Supreme Court nominees that strictly adhere to the Constitution, the days of Roe and Doe could be numbered.

Quotes from the Hearing:

These are serious consequences. They are not legal consequences. They are not theoretical ones. They are not even political ones. They are real consequences. And, it’s our job in the U.S. Senate to do something about them.

We need to provide women facing unwanted pregnancies with information about their baby. We need to point these women towards alternatives to abortion. And, for women who want to keep their children, but feel unable to do so, we need to tell them that counseling and services are available to give them a helping hand during their time of need.- Senator Mike DeWine (OH)

What, exactly, is the problem with Roe? The problem, I believe, is that it has little connection to the Constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history, or precedent. - Senator Sam Brownback (KS)

Roe disenfranchises the millions and millions of patriotic American citizens who believe that the self-evident truth proclaimed in the Declaration of Independence -that all men are created equal and are endowed by their Creator with an unalienable right to life-warrants significant governmental protection of the lives of unborn human beings. - M. Edward Whelan III, President, The Ethics and Public Policy Center

To view a webcast of the hearing or to read the full testimony of Norma McCorvey, Sandra Cano, members of the Senate, and all other witnesses, please visit http://judiciary.senate.gov/hearing.cfm?id=1553.