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By Jane Clark Scharl, Crisis Magazine, February 20, 2020

Jane Clark Scharl is a senior contributor at Crisis. Her work has previously appeared in National ReviewThe American Conservative, and The Intercollegiate Review.

Jane Clark Scharl

On February 13, 2020, the House of Representatives passed the dull-sounding H.J. Res 79. Despite its name, this resolution indicates a dangerous attempt to disregard constitutional order and states’ rights for the purpose of codifying a progressive dogma: the alleged “right” to abortion.

For progressives, the inconvenient truth is that abortion rights in America stand on shaky ground. A single Supreme Court ruling, Roe v. Wade, alleged that such a “right” lurked in the “penumbras of emanations” of the Constitution’s 14th Amendment. Roe has been widely criticized for being legally unstable. Even pro-choice legal scholars like Edward Lazarus, who clerked for Justice Harry Blackmun (author of the Roe opinion) question the legitimacy of the ruling. Lazarus wrote in a commentary on Roe, “As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible. I say this as someone utterly committed to the right to choose… and as someone who loved Roe’s author like a grandfather.”  ….

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