https://www.washingtonexaminer.com/restoring-america/restoring-america/equality-not-elitism/there-is-no-valid-defense-of-roe-thats-why-that-side-resorts-to-threats
Roe v. Wade “is not constitutional law and gives almost no sense of an obligation to try to be.” That was the conclusion in the Yale Law Journal of pro-choice legal scholar John Hart Ely.
“One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” That’s liberal legal scholar Laurence Tribe.
It’s near-consensus among legal scholars, even those who believe abortion should be legal, that Roe was a shoddy decision, not grounded in the Constitution.
“You will be hard-pressed to find a constitutional law professor, even among those who support the idea of constitutional protection for the right to choose, who will embrace the opinion itself rather than the result,” wrote pro-choice scholar Kermit Roosevelt in the Washington Post.
“This is not surprising,” Roosevelt continued. “As constitutional argument, Roe is barely coherent.”
The Constitution quite obviously does not protect abortion as a fundamental right. Roe relied on a “right of privacy” “emanating” from a “penumbra” cast by actually enumerated rights. It was clearly motivated reasoning.
Abortion has thus been protected from democracy by a ruling that everyone knows is garbage, motivated reasoning . I’ve collected here many pro-choice legal scholars saying how bad Roe was.
Subject to scrutiny, Roe falls, and abortion defenders need to convince politicians to vote in order to strip unborn babies of any legal protections.
This is why the pro-Roe side is relying on threats to protect Roe. Democrats promise that they will declare the Supreme Court illegitimate if it doesn’t uphold their decision. That directly implies that they believe the federal government and state courts should disregard any subsequent rulings from the court.