Roe v. History

Roe v. Wade is easily one of the most controversial Supreme Court decisions in U.S. history. After it was issued in January 1973, it sparked a firestorm of criticism from not only pro-lifers, but also prominent constitutional law scholars sympathetic to legal abortion. While plenty has been written about the decision itself, there has been relatively little informed commentary about the process, the oral arguments and the sources and evidence the justices used. “Abuse of Discretion” by Americans United for Life’s general counsel, Clarke Forsythe, nicely fills that void. Mr. Forsythe’s original research on the private papers of Justice Harry Blackmun provides some important new insights. His depiction of the Roe v. Wade decision reveals numerous flaws that should disturb not only pro-lifers, but anyone who care about sound jurisprudence.