The toxic waste of Roe v. Wade

George Weigel

Great Britain’s parliamentary democracy has no constitutional text, but rather a “constitution” composed of centuries of legal traditions and precedents. So when British courts make grave mistakes, those mistakes can be fixed, more or less readily, by Parliament. The American situation is quite different. Given a written constitution and the principle of judicial review, grave mistakes by the Supreme Court are exceptionally toxic and hard to remedy, as three wrongly-decided cases illustrate.

In 1857, the Court declared in Dred Scott v. Sanford that the Constitution recognized no rights inherent in black people the white majority was bound to acknowledge – and thereby accelerated the process of national dissolution leading to the Civil War, in which over 700,000 Americans killed each other. Plessy v. Ferguson, which upheld the constitutionality of racially segregated public facilities in 1896, kept Jim Crow alive, delayed the full legal implementation of the 13th and 14th amendments, and poisoned the Democratic Party for generations by giving inordinate weight within party counsels to segregationists, who cowed even Franklin D. Roosevelt. It took a half century of civil rights struggle and the 1964 Civil Rights Act to begin repairing the damage Plessy had done. 

Then there was Roe v. Wade and its companion case, Doe v. Bolton: the 1973 Supreme Court decisions that invented a constitutional right to abortion throughout a pregnancy. Denounced by Justice Byron White in his dissent as “an exercise in raw judicial power,” Roe’s effects on American political culture have been as toxic as Dred Scott and Plessy

Defending Roe’s abortion license has become a prime imperative for the national Democratic Party. And because of that, far too many Catholic politicians, including the Democratic presidential candidates in 2004 and 2020, have put a canine fealty to a shabby judicial diktat above the truth of science (the product of human conception is a unique human being) and the moral truth we can know by reason (in a just society, innocent human life is protected in law). Roe has also jeopardized religious freedom and the rights of conscience, corrupted the medical professions, and eroded the authority of the states to regulate medical practice. 

In an attempt to buttress Roe, a three-judge plurality in 1992’s Casey v. Planned Parenthoodcheapened the “liberty” to which the Founders pledged their “lives, fortunes, and sacred honor,” reducing it to a sheer personal willfulness that turns “I Did It My Way” into the unofficial national anthem. And thanks to Roe, Supreme Court nomination hearings have become exercises in character assassination with no holds barred. 

While political scientists may wonder why the defense of Roe’s abortion license has become so fevered, comparative religious studies may provide an answer: for those who worship the totem of the imperial autonomous Self (the false god of “Me, Myself, and I”), the abortion license has become sacramental – an outward sign of the inner reality of women’s autonomy; an outward sign, for men, of their acquiescence to forms of feminism that promote freedom-as-autonomy.  

Unquestioning faith in that which is unworthy of faith darkens the mind, so that otherwise intelligent people are blinded to the reality of things. This was true of primitive religions, and sadly enough, similar phenomena are at work today. For other than a debilitating myopia caused by the credulous belief that abortion-on-demand is a “civil right,” why would so many black political leaders support a practice that, thanks to Planned Parenthood’s inner-city “reproductive health” clinics, has caused the mass slaughter of unborn black children, thereby making African Americans the second-largest minority group in the United States?

Today’s Supreme Court agitations involve many issues, including the oversized role of the judiciary in our constitutional order. Those issues deserve a serious, thoughtful, public airing. For many of those bending every effort to defeat Judge Amy Coney Barrett’s nomination to the Court, however, the meta-issue will be the defense of an abortion license they not only support, but revere. And that ultramundane reverence explains why their efforts will be so vicious. False gods often underwrite human cruelty.  

A Supreme Court that hollows out or even reverses Roe v. Wade will not settle the American abortion debate; it will return the issue to the states, where there will be mixed results for the cause of life. But a post-Roe America will have expelled a rotting bone from the national throat. And that America will then have the opportunity to demonstrate, state by state, whether we are a people capable of morally serious democratic deliberation.

COMING UP: Preparing your Home and Heart for the Advent Season

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The Advent season is a time of preparation for our hearts and minds for the Lord’s birth on Christmas.  It extends over the four Sundays before Christmas.  Try some of these Ideas to celebrate Advent in your home by decorating, cooking, singing, and reading your way to Christmas. Some of the best ideas are the simplest.

Special thanks to Patty Lunder for putting this together!

Advent Crafts

Handprint Advent Wreath for Children 
Bring the meaning of Advent into your home by having your kids make this fun and easy Advent wreath.

Materials
Pink and purple construction paper
– Yellow tissue or construction paper (to make a flame)
– One piece of red construction paper cut into 15 small circles
– Scissors
– Glue
– Two colors of green construction paper
– One paper plate
– 2 empty paper towel tubes

1. Take the two shades of green construction paper and cut out several of your child’s (Children’s) handprints. Glue the handprints to the rim of a paper plate with the center cut out.

2. Roll one of the paper towels tubes in purple construction paper and glue in place.

3. Take the second paper towel and roll half in pink construction paper and half in purple construction and glue in place.

4. Cut the covered paper towel tubes in half.

5. Cut 15 small circles from the red construction paper. Take three circles and glue two next to each other and a third below to make berries. Do this next to each candle until all circles are used.

6. Cut 4 rain drop shapes (to make a flame) from the yellow construction paper. Each week glue the yellow construction paper to the candle to make a flame. On the first week light the purple candle, the second week light the second purple candle, the third week light the pink candle and on the fourth week light the final purple candle.

A Meal to Share during the Advent Season

Slow-Cooker Barley & Bean Soup 

Make Sunday dinner during Advent into a special family gathering with a simple, easy dinner. Growing up in a large family, we knew everyone would be together for a family dinner after Mass on Sunday. Let the smells and aromas of a slow stress-free dinner fill your house and heart during the Advent Season. Choose a member of the family to lead grace and enjoy an evening together. This is the perfect setting to light the candles on your Advent wreath and invite all to join in a special prayer for that week.

Ingredients:
– 1 cup dried multi-bean mix or Great Northern beans, picked over and rinsed
– 1/2 cup pearl barley (Instant works great, I cook separate and add at end when soup is done)
– 3 cloves garlic, smashed
– 2 medium carrots, roughly chopped
– 2 ribs celery, roughly chopped
– 1/2 medium onion, roughly chopped
– 1 bay leaf
– Salt to taste
– 2 teaspoons dried Italian herb blend (basil, oregano)
– Freshly ground black pepper
– One 14-ounce can whole tomatoes, with juice
– 3 cups cleaned baby spinach leaves (about 3 ounces)
– 1/4 cup freshly grated parmesan cheese, extra for garnish

1. Put 6 cups water, the beans, barley, garlic, carrots, celery, onions, bay leaf, 1 tablespoons salt, herb blend, some pepper in a slow cooker. Squeeze the tomatoes through your hands over the pot to break them down and add their juices. Cover and cook on high until the beans are quite tender and the soup is thick, about 8 hours. 

2. Add the spinach and cheese, and stir until the spinach wilts, about 5 minutes. Remove the bay leaf and season with salt and pepper. 

3. Ladle the soup into warmed bowls and serve with a baguette.