Some of the flaws of Sarah Weddington’s arguments in the Roe v. Wade case

Here are some of the flaws of the arguments made by Sarah Weddington in Roe v. Wade:

  • Most unwanted pregnancies are not the result of rape and were preventable through complete abstinence from sexual activity.
  • Every unwanted pregnancy that is not the result of rape could have been avoided by complete abstinence from sexual activity.
  • Jane Roe was portrayed as a victim of gang rape in the Roe v. Wade case, but Jane Roe was never gang raped. Norma McCorvey, who was Jane Roe in the Roe v. Wade case, will later admit this after she became pro-life and regretted what she did in the Roe v. Wade case.
  • Even though it is perfectly understandable that a rape victim who becomes pregnant as a result of rape should not have to suffer being pregnant as a result of rape, there are good reasons why the abortion of rape conceived children should not be legal, including but not limited to protecting the right to life of the resulting unborn child, preventing the cover-up of rape, deterring the commission of future acts of rape, and preventing babies who were not rape-conceived from being illegally aborted.
  • In the case with the woman with the neurochemical condition, she and her husband could have avoided pregnancy by completely abstaining from sexual activity.
  • Legal abortion procedures at American abortion clinics are often more dangerous than childbirth. Many post-abortive women have suffered serious complications from their abortions, and there have even been cases of women dying of abortions. Some abortion patients even have had to be rushed to the hospital as a result of complications from an abortion.
  • Even though there are cases where pregnant women are unable to work during a pregnancy because of the complications of a pregnancy, most pregnant women are still able to work and be productive members of society during the pregnancy.
  • Some of the issues involving pregnant teenage girls and pregnant women that were brought up during the Roe v. Wade case, such as the inability to complete an education, receive welfare, or receive unemployment assistance, can be addressed by means other than the legalization of abortion.
  • The situation is not as dire today for some of the pregnant teenage girls and pregnant young women who are in crisis pregnancies as it was at the time that the Roe v. Wade case was decided.
  • Today, many pregnant teenage girls and pregnant young women who are in crisis pregnancies are able to complete their educations. At least some of these pregnant teens and pregnant women are able to obtain welfare and unemployment assistance.
  • If pregnant teenage girls and pregnant women who are in crisis pregnancies are given the support that is needed to carry their pregnancies to term, then most of these teenage girls and women who are in crisis pregnancies would choose to have their babies instead of having an abortion.
  • Women in crisis pregnancies who do not want to take care of their child after birth can give up their baby for adoption instead of choosing to undergo an abortion. Norma McCorvey, who is Jane Roe in the Roe v. Wade case, did end up giving up her baby for adoption.
  • Even though it was claimed that an unborn child was not a person and that an unborn child did not have a constitutionally protected right to life in Roe v. Wade, an unborn child is a human being, was so from the moment of contraception, and does have a right to life that should have been legally protected.
  • Our founding fathers clearly believed that the right to life should extend to unborn children, and this intent of our founding fathers was ignored in the Roe v. Wade case.
  • The Roe v. Wade and Doe v. Bolton cases ignore the fact that a failed attempt to abort an unborn child can cause birth defects in children who survive a failed abortion.
  • There are compelling governmental interests that should allow states to be able to regulate and prohibit abortion procedures, including but not limited to the right of life of an unborn child, the humanity of an unborn child, the willingness of some abortionists to commit infanticide, the possible danger to the life or health of a pregnant woman undergoing an abortion, and the risk of birth defects in children who survive a failed abortion.
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Some of the arguments made by Sarah Weddington in Roe v. Wade

Here is a list of some of the arguments made by Sarah Weddington, the attorney representing Jane Roe, in Roe v. Wade:

  • “The court declared the Texas abortion law to the unconstitutional for two reasons: First, that the law was impermissibly vague, and, second, that it violated a woman’s right to continue or terminate a pregnancy.”
  • “The woman in that case [Doe v. Wade] had a neurochemical condition. Her doctor had advised her not to get pregnant, and not to take the birth control pills. She was using alternative means of birth control, but she and her husband were fearful that she would become pregnant and that, although the neurochemical condition would impair her health, evidently her doctor did not feel that she would die if she continued the pregnancy.”
  • “Certainly there are problems regarding even the use of contraception.”
  • “Abortion now, for a woman, is safer than childbirth. In the absence of abortions, or legal medically safe abortions – women often result to the illegal abortions, which certainly carry risks of death, all the side effects such as severe infections, permanent sterility, all the complications that result. And, in fact, if the woman is unable to get either a legal abortion or an illegal abortion in our State, she can do a self-abortion, which is certainly, perhaps, by far the most dangerous.”
  • “If the pregnancy would result in the birth of a deformed or defective child, she has no relief.”
  • “Regardless of the circumstances of conception, whether it was because of rape, incest, whether she is extremely immature, she has no relief.”
  • “Whether she’s unmarried; whether she’s pursuing an education; whether she’s pursuing a career; whether she has family problems; all of the problems of personal and family life, for a woman, are bound up in the problem of abortion.”
  • “For example, in our State there are many schools where a woman is forced to quit if she becomes pregnant. In the City of Austin that is true. A woman, if she becomes pregnant, and is in high school, must drop out of regular education process. And that’s true of some colleges in our State.”
  • “Here, a woman, because of her pregnancy, is often not a productive member of society. She cannot work. She cannot hold a job. She’s not eligible for welfare. She cannot get unemployment compensation, and furthermore, in fact, the pregnancy may produce a child who will become a ward of the state.”
  • “So, a pregnancy to a woman is perhaps one of the most determinative aspects of her life. It disrupts her body. It disrupts her education. It disrupts her employment. And it often disrupts her entire family life.”
  • “And we feel that, because of the impact on the woman, this certainly and as far as there are any rights which are fundamental is a matter which is of such fundamental and basic concern to the woman involved that she should be allowed to make the choice as to whether to continue or to terminate her pregnancy.”
  • “The only legislative history, of course, is that which is found in other states which has been pointed out to the Court before – and, as Professor Means points out again, that these statutes were adopted for the health of the mother.”
  • “Again, ‘she’ [the mother undergoing an abortion] being regarded as the victim, rather than the perpetrator of the crime.”
  • “And it is our position that there is great and immediate threat of irreparable injury in the form of a continuing pregnancy that will not abate, and that continues.”
  • “Because they are still subject to the irreparable injury, and have no adequate
    State remedy.” (in response to the following question asked by Justice Brennan: “If we’re left only with the lady’s action, are you suggesting that the declaratory relief they already obtained was not enough, because that doesn’t help terminate the pregnancy?”)
  • “There still are unwanted pregnancies. There are still women who, for various reasons, do not wish to continue the pregnancy whether because of personal health considerations, whether because of their family situation, whether because of financial situations, education, working situations, some of the many things we discussed in the last hearing.”
  • “So, there is a great body of cases decided in the past by this Court in the areas of marriage, sex, contraception, procreation, childbearing, and education of children which says that there are certain things that are so much part of the individual concern that they should be left to the determination of the individual.”
  • “Again, this is a very special type case for the women because of the very nature of the injury involved. It is an irreparable injury. Once pregnancy has started, certainly this is not the kind of injury that can be later adjudicated. It is not the kind of injury that can later be compensated by some sort of monetary reward. These women who have now gone through pregnancy and the women who continue to be forced to go through pregnancy have certainly gone through something that is irreparable, that can never be changed for them. It is certainly great and it is certainly immediate. There is no other forum available to them.”
  • “If the state could show that the fetus was a person under the Fourteenth
    Amendment or under some other amendment or part of the constitution, then you would have the situation of trying — you would have a state compelling interest which, in some instances, can outweigh a fundamental right.”
  • “I think had there been established that the fetus was a person under the Fourteenth Amendment or under constitutional protection then there might be a differentiation. In this case, there has never been established that the fetus is a person or that it’s entitled to the Fourteenth Amendment rights or the protection of the constitution.”
  • “It depends on saying that the woman has a fundamental constitutional right and that the state has not proved any compelling interest for regulation in the area.”

Responses to arguments commonly made by abortion rights advocates

Here is a pro-life response to some of the most common arguments that are made by abortion rights advocates, along with an explanation on why these arguments are not necessarily true.

Argument #1: A woman has a right to do what she wants with her own body

There are limits on what a woman can do with her body and no woman has an absolute right to do whatever she wants with her body. As an example, woman does not have the right to illegally abuse an illegal drug. In most of the countries where abortion is legal, there are restrictions on abortion procedures. Late-term abortion is illegal in some of the countries where 1st trimester and 2nd trimester abortions are legal.

Additionally, an abortion involves more than the mother’s own body since an abortion kills an unborn child. An unborn child is not a part of his or her mother’s body since he or she is a separate human organism. What makes an unborn child a separate human organism, even though he or she is within his or her mother’s body, is the unique genetic identity of the unborn child and the fact that the unborn child will develop into a fully formed human being if he or she does not die prior to birth.

Argument #2: Women in crisis pregnancies will resort to illegal abortions after abortion becomes illegal

Even though it is often argued that women in crisis pregnancies will resort to illegal abortions if abortion becomes illegal, this argument is not necessarily true for several reasons. First, most women who are in a crisis pregnancy are not willing to undergo an illegal abortion. Second, appropriate help for women who are in crisis pregnancies would likely be available if abortion were to become illegal again. Third, pregnant women who do not want to take care of their unborn children after birth will be encouraged to give up their baby for adoption. Fourth, fewer pregnant teenage girls and pregnant women would be forced to undergo abortions after abortion is outlawed. Fifth, abortions were being performed by doctors as early as the late 1950’s, and Mary Calderone of Planned Parenthood even admitted back in 1959 that abortions were “being done well by physicians.” Finally, abortion will not be widely available if abortion is outlawed, and this factor will reduce both the demand for abortion and the number of abortions being performed.

Argument #3: Pregnant women will die if abortion becomes illegal again

If abortion becomes illegal again, maternal mortality would very likely be lower than it was prior to Roe v. Wade for several reasons. First, there have been advances in medicine that have enabled pregnant women whose lives were in danger during the pregnancy to safely carry the pregnancy to term. Second, there have been advances in medicine that have allowed premature babies who are born as early as 20 weeks post-fertilization to survive outside of the womb. Third, more advances in medicine would be made that would make it possible for babies to survive outside of the womb at earlier than 20 weeks post-fertilization and that would allow pregnant women who are suffering from life-threatening complications to safely carry their pregnancies to term. Fourth, the unlawfulness of abortion after abortion becomes illegal will create an incentive to find alternative means to preserve the lives of pregnant women and their unborn children in cases where the life or health of the mother or her unborn child is in danger. Finally, there would be fewer women dying from the complications of abortion procedures because of less demand for abortions, the unwillingness of women to undergo illegal abortions, and the availability of help for women who are in crisis pregnancies.

Argument #4: Women will lose access to healthcare if abortion is made illegal

Even though the widespread availability of abortion will not exist after abortion is outlawed, women certainly will have access to healthcare after abortion is illegal. Low-income women in the United States who are covered under Medicaid already do have access to healthcare at providers who are not in the business of performing abortions. Other healthcare providers who do not perform abortions will continue to provide healthcare services after abortion is outlawed. Furthermore, licensed physicians will still be able to perform medical procedures other than abortion on pregnant women and prescribe medications to pregnant women after abortion becomes illegal.

Argument #5: More contraception is needed to prevent unplanned pregnancies

Even though it is not always possible to prevent unplanned pregnancies that are the result of rape, unplanned pregnancies can be prevented by completely abstaining from sexual activity. Most unplanned pregnancies are the result of voluntary, consensual sexual intercourse, and these pregnancies could have been prevented prior to conception by choosing to completely abstain from sexual activity. In the United States, at least half of the women who obtain abortions after becoming pregnant were already using contraception around the time that they became pregnant. No form of contraception provides foolproof protection against unplanned pregnancies or sexually transmitted protection. The risk of unplanned pregnancy and sexually transmitted diseases is still there with the use of contraceptives.

Argument #6: Abortion is a safe and legal way to end pregnancy

Some post-abortive women have already suffered complications from legal abortion procedures. There have even been women who have died from the complications of legal abortions performed at American abortion clinics. Furthermore, there have been incidents where women undergoing abortions have had to be rushed to the hospital from the abortion clinic as a result of complications of an abortion. Abortion is often more dangerous to the life and health of the woman undergoing the abortion than abortion rights advocates claim. Some of the post-abortive women would not have suffered from the serious complications of their past abortions if they hadn’t had an abortion and had carried their pregnancies to term instead.

Argument #7: In the United States, pregnant women will always have a constitutional right to an abortion

Even though the United States Supreme Court has ruled that women have a constitutionally guaranteed right to an abortion as a result of the Roe v. Wade and Doe v. Bolton cases, this can be changed by either amending the United States Constitution or having the United States Supreme Court rule that a pregnant woman does not have a constitutionally guaranteed right to an abortion. A woman did not have a constitutionally guaranteed right to an abortion within the United States until the final decision of the Roe v. Wade and Doe v. Bolton cases were made by the United States Supreme Court on January 22, 1973.

Argument #8: Legalized abortion will prevent poverty

Legalized abortion has led to the death of unborn babies, but poverty still does exist in the United States today. The availability of contraception and legalized abortion has made it easier for unmarried couples to engage in sexual activity, and the resulting increase in sexual activity outside of marriage has led to more children being born out of wedlock and more children being raised in single-parent households. More single-parent households with children is one of the factors that has enabled poverty to continue to exist within the United States.

Argument #9: Morality cannot be legislated against

Even though there are some people who argue that morality cannot be legislated against, there are laws which prohibit immoral behaviors within the United States, including but not limited to laws prohibiting murder, assault, child abuse, rape, incest, child pornography, prostitution, theft, fraud, perjury, and robbery. There are actions that are always morally wrong, regardless of the intention or the specific circumstances of the act, and abortion is one of the acts that is always morally wrong. Abortion can be legislated against because abortion is always morally wrong, regardless of the intention or the specific circumstances, and also because abortion involves the intentional killing of an unborn child.

Argument #10: Abortion is necessary for women to be able to complete their education and have a career

Women are able to avoid unplanned pregnancies by choosing to completely abstain from sexual activity. The option of giving up their children for adoption is also available for those women who do not wish to take care of their children. Some women who have had their first child prior to completing their education have been able to complete their education and have successful careers. There are even teen mothers who have gone on to earn their college degree, even though some of these teen mothers had their first child prior to completing high school.

An abortion-free America is possible

Even though some people do believe that an abortion-free America is not possible, an abortion-free America is certainly possible. Despite what abortion rights advocates argue, there are things that can be done to reduce the demand for abortion in the United States. One of things that is currently happening in the United States that would enable an abortion-free America is the closure of abortion clinics. There is certainly more that needs to be done to make the United States abortion-free, but progress is being made.

Here are the things that need to be done to make the United States abortion-free:

  • Providing women who are faced with crisis pregnancies with the help that they need to safely carry their babies to term, regardless of the circumstances of conception, the health of the mother, or the health of the unborn child
  • Encouraging women who do not want to raise their child after birth to give up their baby for adoption
  • Providing mothers who want to raise their children on their own after a crisis pregnancy with the appropriate assistance
  • Showing love for pregnant minor girls and pregnant women who are faced with crisis pregnancies and letting them know that there are options other than abortion
  • Advertising pro-life crisis pregnancy services on television, radio, billboards, and in newspapers
  • Abolishing government funding for abortion procedures
  • Removing abortion from health insurance coverage
  • Making further advances in medicine so that the lives and health of pregnant women can be preserved without having to resort to abortions
  • Developing technologies that would allow babies to survive outside of the womb earlier than 22 weeks post-fertilization
  • Amending the United States Constitution to include an amendment that would ensure that legitimate laws which regulate or prohibit abortion procedures are constitutional and legally enforceable
  • Reversing the Roe v. Wade and Doe v. Bolton decisions through a U.S. Supreme Court case or making these decisions inapplicable to laws that regulate or prohibit abortion through an amendment to the United States Constitution
  • Making it illegal for physicians to perform an abortion that physically destroys the body of an unborn child in a manner that is fatal to the unborn child being aborted
  • Making infanticide illegal and also making it illegal for abortionists to kill unborn children who are born alive subsequent to a failed abortion
  • Reducing the rate of sexual promiscuity, prostitution, and non-marital sexual activity within the United States
  • Ensuring that pregnant minor girls and pregnant women under the age of 23 can receive the assistance they need to complete their educations
  • Providing mothers with the assistance needed to make a good living while raising children

How can we help women who are faced with a crisis pregnancy?

Many of the women in crisis pregnancies who are considering an abortion would choose to keep their baby instead if they are given the right information and appropriate help. Most of the women who have chosen to go forward with an abortion have been pressured to do so by parents, the fathers of their unborn children, or abortion clinic employees. Planned Parenthood and other clinics in the United States engage in actions that encourage a woman to choose to undergo an abortion instead of choosing life, including misrepresenting facts of fetal development, coercing women into consenting to an abortion, and omitting facts that are material to a woman’s decision to undergo an abortion.

Here are things we can do to encourage women in crisis pregnancies to choose life instead of having an abortion:

  • Showing love for women and teenage girls who are faced with crisis pregnancies
  • Letting women and teenage girls in crisis pregnancies know that choosing life is the right thing to do, even if there is pressure to have an abortion, the unborn child is unwanted by the mother, or the unborn child is conceived against the will of the mother
  • Informing women and teenage girls in crisis pregnancies about the facts of fetal development and the risks of abortion procedures
  • Providing women and teenage girls in crisis pregnancies with the support needed to carry the pregnancy to term, including appropriate prenatal care
  • Encouraging women and teenage girls who do not want to take care of their child after birth to give up their baby for adoption and letting these mothers know that there are people who are willing to adopt and take care of these children after birth
  • Providing women and teenage girls who want to raise their child after birth with the support needed to do so, including the appropriate necessities