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This critique of Roe is independent of one's view of the underlying policy. One may perfectly well support abortion rights in some or all cases and yet think they should be determined by the legislature, or at least by court decisions that seem reasonable, as Roe does not. Roe rests not on reason but on fiat: it is the law of the land only because the justices say so.

Thirty years later, it is more apparent than ever that the real trouble with Roe v. Wade is what constitutional scholar John Hart Ely recognized the summer after the decision was handed down: the problem, wrote Professor Ely, is not that the case is bad constitutional law but that "it is not constitutional law at all and gives almost no sense of an obligation to try to be."

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Previous articles on Roe v. Wade include:

Wanted: A New Pro-life Strategy | Twenty-five years after Roe, and 37 million abortions later, we have to admit we are losing the fight. (Jan. 12, 1998)

Roe v. McCorvey | What made "Roe" betray the pro-choice cause? (Jan. 12, 1998)

You Say Choice, I Say Murder |Before prolife arguments can reach the undecided American, we have got to look at the language we use. (June 24, 1991)

The Abortion Wars | What most Christians don't know about the history of pro-life struggles. (Oct. 6, 1989)

Reversing Roe v. Wade | It may take more than a single court decision to counter abortion on demand. (Sept. 20, 1985)

Reversing Roe v. Wade | It may take more than a single court decision to counter abortion on demand. (September 20, 1985)

Arguments in Favor of Abortion Are Strong … | … if you accept one all-important assumption. (July 15, 1983)

Abortion and the Court | The Roe v. Wade decision runs counter to the moral sense of the American people. (Feb. 16, 1973)

Abortion and the Court | The Roe v. Wade decision runs counter to the moral sense of the American people. (February 16, 1973)

More Christianity Today abortion stories can be found at our life ethics archive. Previous articles about abortion in the U.S. include:

Prolife Advocates Herald Partial-Birth Abortion Ban | President Bush promises to sign May 13 Senate bill. (April 23, 2003)

Saved by Sonogram | Ultrasounds help crisis pregnancy centers reduce abortion. (Feb. 24, 2003)

New Life for Prolife | Abortion is no longer the ghastly growth industry it was in the 1970s and 1980s. (Feb. 24, 2003)

The New Partial-Birth Abortion Bill and Old Myths | Unconstitutional? Rare? Dangerous? Don't believe the disinformation campaign. (Feb. 24, 2003)

Prolife as Mafia? | Supreme Court to decide if racketeering laws apply to anti-abortion activities. (Jan. 15, 2003)

Saving Black Babies | Abortion has cost 13 million African American lives. (Jan. 19, 2003)

FDA Candidate Irks Abortion Pill Advocates | The Christian Medical Association says critics fear David Hager's "well-grounded" opposition. (Nov. 26, 2002)

Embracing the Unwanted | Chinese American Christians are starting to become more openly prolife. (May 9, 2002)

Doctors Slow to Prescribe Abortion Pill | Since RU-486's approval, rising safety concerns and common side effects have led to little use. (Nov. 12, 2001)

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July 2003, Vol. 47, No. 7