Lindsey Graham agrees that Roe v. Wade was ‘egregiously wrong from the start’

WHAT YOU NEED TO KNOW:

• Sen. Lindsey Graham said that the Supreme court “created a constitutional right that didn’t exist” when the justices ruled to affirm abortion rights in Roe v. Wade.
• Graham told “Fox News Sunday” the ruling “created division from the day it was decided until now.”
• The senator hopes Roe v. Wade would be repealed so “the issue will go back to the states.”

Sen. Lindsey Graham told “Fox News Sunday” that the Supreme Court “created a constitutional right that didn’t exist” when the justices ruled to affirm abortion rights in Roe v. Wade.

The senator’s comment came after last week’s controversy over a leaked draft opinion written by Supreme Court Justice Samuel Alito. He suggested the court is poised to overturn Roe v. Wade — the landmark 1973 ruling legalizing a woman’s right to an abortion. 

The South Carolina Republican told “Fox News Sunday” anchor Bret Baier he agrees with Alito that the ruling was wrongly based on an inherent right to privacy.

“​​Roe v. Wade created a constitutional right that didn’t exist in the writ constitution,” Graham ​said. “This created division from the day it was decided until now.”

In the leaked draft, Alito wrote that Roe v. Wade was ​​”egregiously wrong from the start.”

Alito added: “Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”

Alito is part of the conservative wing of the Supreme court. He also cited a decision in another case that upheld Roe v. Wade.​

“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” Alito continued in the draft opinion. He added states should decide whether to restrict abortion rights. 

Graham agreed with Alito’s opinion that Roe v. Wade ruling prevented a full debate on abortion by deciding it at the federal, as opposed to state, level. 

“You had no avenue,” he said, adding a few judges had “determined when life begins and how it ends.”

“If [Roe v. Wade] does get repealed, which I hope it will, the issue will go back to the states,” Graham said. “The abortion debate will not go away in the country, it will be decided by the people, not a handful of judges.

“Now finally elected officials have a say about life and the conditions of an abortion,” ​the senator concluded.

Source: New York Post