Roe v. Wade Is a Bad Decision That Ought to Stand
The Supreme Court got it wrong in 1973 — but correcting the error will only make things worse.
Irreconcilable differences.
Photographer: Win McNamee/Getty Images North AmericaThe half-century struggle over Roe v. Wade is again at the forefront of U.S. politics, thanks to a leaked draft opinion which would overturn the 1973 decision and send abortion law back to state legislatures. If the court plans to rule this way, it’s about to make a big mistake — not because the case was correctly decided, but because sometimes it’s better to leave a bad law alone.
People with the strongest feelings on both sides of this endless bitter controversy agree that the Constitution’s main purpose is to protect fundamental rights and liberties. They just have irreconcilable differences about what those rights and liberties are. When that happens, what’s the Supreme Court supposed to do?