https://quadrant.org.au/magazine/2022/06/the-cherished-right-to-torture-evidence/
The claim that the American Constitution ever guaranteed a right to abortion is preposterous, and this is so irrespective of whether you think of such a right as a tremendous advance in human liberty or as a sacrilegious licence to kill the unborn.
The decision in Roe v Wade reminds me of the Queen of Hearts’ jurisprudence: Sentence first—verdict afterwards. The meaning of the American Constitution was tortured by the judges—by means of the most patent, one might almost say shameless, rationalisations—to a predetermined and bogus conclusion. I should perhaps here add that neither the right-to-life nor the right-to-choose arguments convince me on this matter.
Of course, I am no expert on the American Constitution. I once put it to such an expert that the right to bear arms did not include, nor was it intended to permit, taking a Kalashnikov or howitzer down to the local supermarket. If it had meant that, there would have been no preliminary clause about a well-regulated militia, but the amendment would simply have stated that the right to bear arms could not be abrogated. The expert, however, told me that I was mistaken, that when one properly understood eighteenth-century usage, it was clear that it did mean that people could not only own firearms, but take them anywhere they liked, as children take their soft toys everywhere they go.
It is a human trait to harbour a cherished opinion and then torture evidence and employ rhetorical legerdemain in its support as if it were a conclusion. Hands up all those who have never done this! There is even a certain pleasure in doing it, akin to what Francis Bacon calls “a natural but corrupt love of the lie itself”, for it assures us of our own dialectical ability, on which we then congratulate ourselves. There are few things more delightful in discussion than to get an opponent to accept a false argument.