The Wages of Crying Wolf: A Comment on Roe v. Wade

In Roe v. Wade,2 decided January 22, 1973, the Supreme CourtJustice Blackmun speaking for everyone but Justices White and Rehnquist3-held unconstitutional Texas's (and virtually every other state's4) criminal abortion statute. The broad outlines of its argument are not difficult to make out: 1. The right to privacy, though not explicitly mentioned in the Constitution, null protected by the Due Process Clause of the Fourteenth Amendment.5 2. This...