Does the Act Contradict Roe v. Wade?
No. The Supreme Court’s 1973 holding in Roe v. Wade was that the constitutional “right of privacy is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” The majority opinion went on to state that the scope of this privacy right is not unlimited: “The pregnant woman cannot be isolated in her privacy. She carries an embryo and, later, a fetus. … [It] is reasonable and appropriate for a State to decide that at some point in time another interest, that of health of the mother or that of potential human life, becomes significantly involved. The woman’s privacy is no longer sole and any right of privacy she possesses must be measured accordingly.” But nowhere does Roe state that her right to decide to terminate her pregnancy equals a right to a dead child, before or after the child’s viability, during or after birth. If the goal is to “terminate her pregnancy,” that has been accomplished by delivering a (live) child. What Does the Born-Alive Infants Pro
