The Supreme Court’s abortion jurisprudence remains a singular embarrassment. That fact is well known by, and infuriating to, Roe’s sophisticated supporters and foes alike. Despite what NARAL, Planned Parenthood, as well as their sisters, their cousins, and their aunts say for public consumption, they are well aware that the right to abortion is not now, and never has been, etched into constitutional stone. It rests, and always has rested, on the flimsiest of legal rationales, and on studied avoidance of the facts of life before birth. No matter how hard it has tried — and God knows, it has tried — the Supreme Court has been unable to escape the inevitable consequences of these failures.
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