Friday, February 22, 2013
Speaking of Supreme Court precedent and the cause of human life in the courts, the meaningful success of the Pro-Life movement since the darkest days of Roe v. Wade is now confirmed out of the mouth of one of its strongest adversaries. In a January issue of The National Law Journal, Roger Evans who has been lead counsel or co-counsel for Planned Parenthood in many of the leading Supreme Court cases explains how much the jurisprudential landscape has changed –- against the abortion provider position -– in the decades since Roe v. Wade:
I think it clear that the courts have weakened the doctrinal protections of this right. Indeed, outside the political context, I think we can no longer refer just to Roe, but must refer to Roe/Casey, recognizing that Planned Parenthood v. Casey changed significantly the judicial analysis applicable to this area of the law. Roe/Casey is characterized by increasing deference to so-called state interests at the expense both of the woman's individual liberty interests and of the sanctity of the doctor-patient relationship at least in the context of abortion care.
As Time magazine has recently reported (here), “abortion-rights activists” have been slowly and steadily but almost always losing ever since their victory in Roe v. Wade some forty years ago. Now is not the time for Pro-Life advocates to lose heart, heed the nay-sayers, and withdraw from the battle, lest we snatch defeat from the jaws of victory.