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A Leak and an Earthquake

May 5, 2022 4 min read
Justice statue

The whole country has been agitated by the publication of a leaked early draft, written by Justice Samuel Alito, concerning Roe v. Wade and the 1973 decision that found abortion to be a constitutional right. That draft, though certainly not final, points at least to a good possibility that the court will vote to overturn Roe v. Wade, and return the question of abortion to the legislative branch of the government. For Catholics who have been fighting for the protection of the unborn for fifty years, this is very big news. But all parties should be clear about what such a decision, should it come about, would mean. Whatever one may think about the abortion issue itself, it has long been recognized even among many abortion advocates that Roe v. Wade was a seriously problematic bit of jurisprudence. Should Roe be overturned, it would not mean that abortion would no longer be legally available to Americans. It would mean that the questions surrounding the availability of abortion would be determined, not by the Supreme Court, but by elected legislative bodies.

Those who think abortion a serious moral wrong will not find their work ended. Those who favor a woman’s right to abortion will not find that they are silenced. But the argument will take place on a more even playing field. It is important to see that the court, should it overturn Roe v Wade, is not dogmatizing on the goodness or evil of the practice. It is rather undoing a serious judicial error by insisting that the question needs to be deliberated by the whole of the populace, rather than coerced by judicial fiat by a highly questionable court ruling.

Christians will be careful to view the question squarely in the light of eternal realities. The task of Christ’s disciples is to witness to the truth such that souls on trial can hear the voice of God and respond to it. We are not utopians trying to construct the perfect human society because we know that no society made up of fallen humans such as we are can never be perfect. Come what may, we will continue to speak and live the truth to the best of our abilities, and leave the consequences to an all-wise God. 

But however this plays out, we will be living through an earthquake in American social and political life.


The National Catholic Register presents a roundtable discussion on Justice Alito’s leaked opinion.

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