Editing Roe v. Wade (section)

=== Opposition to ''Roe'' ===
====Condemnation by Catholic Bishops====
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 | footer = Terence Cardinal Cooke, archbishop of New York (left), along with his Philadelphia counterpart, John Cardinal Krol, pictured with Ronald Reagan (right), issued statements that the Catholic Church condemned ''Roe v. Wade''.
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The Catholic Church condemned the ruling by the Supreme Court.<ref name="Chronology"/> Blackmun wrote in his diary, "Abortion flak&mdash;3 Cardinals&mdash;Vatican&mdash;Rochester wires!"<ref name="Chronology"/>

[[John Krol|John Cardinal Krol]], the [[archbishop of Philadelphia]] who was also the president of the [[United States Conference of Catholic Bishops]] and [[Terence Cooke|Terence Cardinal Cooke]], the [[archbishop of New York]], both issued statements condemning the ruling.<ref name="Cardinals">{{cite news|title=Statements by 2 Cardinals|newspaper=The New York Times|date=January 23, 1973|page=20}}</ref> Krol called the ruling "an unspeakable tragedy for this nation" that "sets in motion developments which are terrifying to contemplate."<ref name="Cardinals"/> Cooke called the decision a "horrifying action" and added:<ref name="Cardinals"/>

<blockquote>How many millions of children prior to their birth will never live to see the light of today because of the shocking action of the majority of the United States Supreme Court today?<ref name="Cardinals"/></blockquote>

==== Opposition to ''Roe'' but support for abortion rights ====
Some supporters of abortion rights oppose ''Roe v. Wade'' on the grounds that it laid a foundation for abortion in [[civil rights]] rather than in [[human right]]s, which are broader and would require government entities to take active measures to ensure every woman has access to abortion.<ref name="Ross & Solinger 2017">{{cite book|title=Reproductive Justice: An Introduction| last1 = Ross |first1=Loretta|last2=Solinger|first2=Rickie |isbn=978-0-520-28820-1|location=Oakland, California|oclc=960969169|date = 2017 |publisher=University of California Press}}</ref>{{page needed|date=March 2024}} This particular position is indicated by the use of rhetoric concerning "[[Reproductive justice#Definition|reproductive justice]]", which replaces earlier rhetoric centered around "choice", such as the "pro-choice" label.<ref>{{cite journal| vauthors = West R |date=2009|title=From Choice to Reproductive Justice: De Constitutionalizing Abortion Rights|journal=Yale Law Journal|volume=118|pages=1394–1432}}</ref> Reproductive justice proponents contend that factors permitting choice are unequal, thus perpetuating oppression and serving to divide women.<ref>{{cite journal| vauthors = Gaard G |date=2010|title=Reproductive Technology, or Reproductive Justice? An Ecofeminist, Environmental Justice Perspective on the Rhetoric of Choice|journal=Ethics and the Environment|volume=15|issue=2|pages=103–129|doi=10.2979/ete.2010.15.2.103|s2cid=144393726}}</ref> Reproductive justice advocates instead want abortion to be considered an affirmative right that the government would be obligated to guarantee equal access to, even if the women seeking abortions are nonwhite, poor, or live outside major [[Metropolitan statistical area|metropolitan areas]].<ref>[https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1275&context=nulr_online Symposium on Anita Bernstein's The Common Law Inside the Female Body] by David S. Cohen, ''Northwestern University Law Review'', Volume 114, page 147 (page 8 of the pdf)</ref> With a broader interpretation of the right to an abortion, it would be possible to require all new [[obstetricians]] to be in favor of abortion rights, lest as professionals they employ [[Conscience clause in medicine in the United States|conscience clause]]s and refuse to perform abortions.<ref>{{cite web|url=http://www.huffingtonpost.com/jacob-m-appel/do-we-need-a-pro-choice-l_b_178456.html|title=Do We Need a Pro-Choice Litmus Test for Obstetricians?|last=Appel|first=Jacob M.|website=[[Huffington Post]]|date=24 April 2009|access-date=December 18, 2021}}</ref> In the 1989 decision of ''Webster v. Reproductive Health Services'', the Supreme Court ruled against an affirmative right to [[:wikt:nontherapeutic|nontherapeutic]] abortions and noted that states would not be required to pay for them.<ref name="Webster"/>

Some in academia have equated the denial of abortion rights to compulsory motherhood, and reason that because of this abortion bans violate the [[Thirteenth Amendment to the United States Constitution|Thirteenth Amendment]]: "When women are compelled to carry and bear children, they are subjected to 'involuntary servitude' in violation of the Thirteenth Amendment. Even if the woman has stipulated to have consented to the risk of pregnancy, that does not permit the state to force her to remain pregnant."<ref name="Koppelman" /> In 1993, a district court rejected an attempt to justify abortion rights apart from ''Roe'' and instead upon the basis that pregnancy and childrearing constituted [[involuntary servitude]].<ref>{{Cite web|url=https://law.justia.com/cases/federal/district-courts/FSupp/828/1544/2352063/|title=Jane L. v. Bangerter, 828 F. Supp. 1544 (D. Utah 1993)|website=Justia Law}}</ref>

==== Opposition to both ''Roe'' and abortion rights ====
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 | footer = Nellie Gray (left) started March for Life to overturn ''Roe v. Wade''. On right, the rally in 2020.
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Every year, on the anniversary of the decision, opponents of abortion march up [[Constitution Avenue]] to the [[United States Supreme Court Building|Supreme Court Building]] in [[Washington, D.C.]], in the [[March for Life (Washington, D.C.)|March for Life]].<ref>{{cite news|last=Shimron|first=Yonat|title=Democratic Gains Spur Abortion Foes into Action|newspaper=[[The News & Observer]]|date=January 18, 2009|quote=The annual March for Life procession is already among Washington's largest rallies, drawing an estimated 200,000 people.}}</ref> Around 250,000 people attended the march until 2010.<ref>{{cite news|last=Harper|first=Jennifer|url=http://washingtontimes.com/news/2009/jan/22/pro-life-rally-yearns-for-media-spotlight/|title=Pro-life marchers lose attention|newspaper=[[Washington Times]]|date=January 22, 2009|quote=The event has consistently drawn about 250,000 participants each year since 2003.}}</ref><ref>{{cite news|last=Johnston|first=Laura|title=Cleveland's first March for Life anti-abortion event draws 200|newspaper=[[The Plain Dealer]]|date=January 18, 2009|quote=The Washington March for Life{{nbsp}}... draws 200,000 annually on the anniversary of the ''Roe v. Wade'' decision}}</ref> Estimates put the 2011 and 2012 attendances at 400,000 each,<ref name="zenit2011">{{cite web|title=Youth Turnout Strong at US March for Life|date=January 25, 2011|publisher=Zenit.org|website=Catholic.net|url=http://www.zenit.org/en/articles/youth-turnout-strong-at-us-march-for-life|access-date=February 9, 2011}}</ref> and the 2013 March for Life drew an estimated 650,000 people.<ref name="MonroeNews">{{cite web|url=http://www.monroenews.com/news/2013/feb/10/newport-650000-march-life/ |title=Newport: 650,000 In March For Life |last=Portteus |first=Danielle |date=February 10, 2013 |website=The Monroe News |publisher=MonroeNews |access-date=April 14, 2013  |archive-url=https://web.archive.org/web/20140213230423/http://www.monroenews.com/news/2013/feb/10/newport-650000-march-life/ |archive-date=February 13, 2014 }}</ref> The march was started in October 1973 by [[Nellie Gray (activist)|Nellie Gray]] and the first march took place on January 22, 1974, to mark the first anniversary of ''Roe v. Wade''.

Opponents of ''Roe'' say that the decision lacks a valid constitutional foundation.<ref name="Childress1984">{{cite book|first=James F.|last=Childress|title=Bioethics Reporter|url=https://books.google.com/books?id=S8keAQAAMAAJ|access-date=August 2, 2013|year=1984|publisher=University Publications of America|page=463|quote=Roe v. Wade itself provided abortion rights with an unstable foundation.}}</ref> Like the dissenters in ''Roe'', they maintain that the Constitution is silent on the issue, and that proper solutions to the question would best be found via state legislatures and the legislative process, rather than through an all-encompassing ruling from the Supreme Court.<ref name="Locay2008">{{cite book|author=Alex Locay|title=Unveiling the Left|url=https://books.google.com/books?id=X9hr6zWiPhIC&pg=PA187|access-date=August 2, 2013|year=2008|publisher=Xulon Press|isbn=978-1-60266-869-0|page=187|quote=To justify their decision the Court made up a new 'right', not found in the Constitution: the right to privacy. The founders of course never intended for such rights to exist as we know privacy is limited in many ways.}}</ref> Another argument against the ''Roe'' decision, as articulated by former president [[Ronald Reagan]], is that, in the absence of consensus about when meaningful life begins, it is best to avoid the risk of doing harm.<ref>Reagan, Ronald. ''[http://www.worldcatlibraries.org/oclc/10456929?tab=holdings Abortion and the Conscience of the Nation]'', (Nelson 1984): "If you don't know whether a body is alive or dead, you would never bury it. I think this consideration itself should be enough for all of us to insist on protecting the unborn." Retrieved January 26, 2007</ref>

In response to ''Roe v. Wade'', most states enacted or attempted to enact laws limiting or regulating abortion, such as laws requiring [[parental consent]] or parental notification for minors to obtain abortions; spousal mutual consent laws; [[Paternal rights and abortion|spousal notification]] laws; laws requiring abortions to be performed in hospitals, not clinics; laws barring state funding for abortions; laws banning [[intact dilation and extraction]], also known as partial-birth abortion; laws requiring waiting periods before abortions; and laws mandating that women read certain types of literature and watch a [[Obstetric ultrasonography|fetal ultrasound]] before undergoing an abortion.<ref>Guttmacher Institute, "[http://www.guttmacher.org/statecenter/spibs/spib_OAL.pdf State Policies in Brief, An Overview of Abortion Laws (PDF)]", published January 1, 2007. Retrieved January 26, 2007.</ref> In 1976, Congress passed the [[Hyde Amendment]], barring the federal government from using [[Medicaid]] to fund abortions except in cases of rape, incest, or a threat to the life of the mother. The Supreme Court struck down some state [[Types of abortion restrictions in the United States|restrictions]] in a long series of cases stretching from the mid-1970s to the late 1980s, but upheld restrictions on funding, including the Hyde Amendment, in the case of ''Harris v. McRae'' (1980).<ref>{{ussc|name=Harris v. McRae|volume=448|page=297|pin=|year=1980}}.</ref> Some opponents of abortion maintain that [[personhood]] begins at [[Human fertilization|fertilization]] or [[Conception (biology)|conception]], and should therefore be protected by the Constitution;<ref name="Balkin" /> the dissenting justices in ''Roe'' instead wrote that decisions about abortion "should be left with the people and to the political processes the people have devised to govern their affairs."<ref name="Doe">{{ussc|name=Doe v. Bolton|volume=410|page=179|pin=|year=1973}}.</ref>