Roe v. Wade was wrong. Our nation needs a new abortion law | Opinion
We must consider a federal standard that places clear limits on elective abortion but does not prohibit it in the first trimester.Dallas Morning News EditorialAbortion is an all but impossible moral puzzle that no political or judicial system can ever hope to fully resolve.
Beginning in the 1960s and before 1973, the nation was moving toward a state-by-state codification of abortion that demonstrated a political recognition that abortion should not be entirely prohibited but that there comes a point in a pregnancy when it should no longer be permitted. The most liberal law was in New York, which in 1970 permitted abortion through the 24th week of pregnancy.
Nor is the question of abortion rights comparable to other important questions of individual rights decided by the court. It stands apart because it impacts the potential and reality of human life that no other question in law approaches. It is important at this point to remember that the Mississippi statute that led to the fall of Roe acknowledges this balance. The Gestational Age Act would permit “nontherapeutic or elective abortion” up to the 15th week of gestation, around the end of the first trimester. Consistent polling show most Americans favor first-trimester abortions but that support drops in later stages of pregnancy.
Note that Roe — the landmark ruling for federal abortion rights — and Mississippi’s Gestational Age Act — the law that led to Roe’s undoing — both accept that abortion at some stage should be legal. It is complicated by the adoption in many states, including Texas, of so-called trigger laws that effectively prohibit elective abortion. The existence of such laws creates that much more urgency for congressional action.
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