Is Roe About To Go? | Ep. 1387

Roe v. Wade

Ben Shapiro offers a critical examination of the Roe v. Wade decision, highlighting its perceived lack of constitutional grounding. He argues that the ruling, which established a woman's right to terminate her pregnancy, is based on a vague right to privacy not explicitly mentioned in the Constitution. Shapiro emphasizes that the decision's reliance on the concept of personal privacy is unfounded, stating, "The court doesn't even pretend that there's a basis for this."

The court doesn't even pretend that there's a basis for this.

--- Ben Shapiro

He also discusses Justice Thomas's consistent ideological stance and contrasts it with Justice Roberts's approach, which seeks to maintain the court's institutional credibility by avoiding the complete overturn of Roe 1 2 3.

   

Court Dynamics

The internal dynamics of the Supreme Court play a crucial role in shaping abortion law decisions. Shapiro outlines the division within the court, with justices like Thomas and Alito favoring the overturn of Roe, while Roberts seeks a middle path to preserve the court's legitimacy. He notes that the real question lies with Justices Kavanaugh and Barrett, who have yet to reveal their stance on the issue.

The institutional legitimacy of the court, to me, rests on the same institutional legitimacy as every area of government.

--- Ben Shapiro

Shapiro argues that the court's legitimacy should be based on constitutional adherence rather than public opinion, criticizing Roberts's past decisions as undermining this principle 4 5 6.

   

Personal Autonomy

Shapiro discusses the limits of personal autonomy as a legal argument in abortion cases, asserting that no broad-based right to personal autonomy exists under the Constitution. He critiques Justice Kennedy's philosophical stance on liberty, arguing that it lacks a limiting principle and could lead to anarchy. Shapiro emphasizes that the right to define one's existence must be balanced with communal and moral needs.

The idea that at the heart of liberty is the right to define your own concept of existence... You're going to need some sort of limiting principle there.

--- Ben Shapiro

He further argues that the undue burden standard set by Planned Parenthood v. Casey is flawed, as it fails to provide a consistent legal framework for abortion rights 7 8 9.