Roe v. Wade is one of the most poorly reasoned and legally substantiated cases in Supreme Court history. You can find a Constitutional rationale for allowing the states to make their own decisions on abortion. It lurks in the Ninth and Tenth Amendments, which unfortunately had been read out of the Constitution by the time Roe v. Wade was decided. From Ron Paul at ronpaulinstitute.org:
Abortion has returned to the headlines thanks to Texas’ “heartbeat law.” As the name suggests, this law outlaws abortions performed after doctors can detect a fetal heartbeat. This is one of several recently passed state laws restricting abortion.
The US Supreme Court will soon consider a challenge to a Mississippi law banning abortions after 15 weeks. A court majority may use this case as a vehicle to limit or even overturn Roe v. Wade, the 1973 decision in which the court declared a federal abortion right.
All who support limited, constitutional government should support overturning Roe. The Constitution does not give any branch of the federal government authority to decide what does, and does not, constitute murder. Therefore, federal courts — including the Supreme Court — have no jurisdiction to decide what the penalty should be for performing an abortion.
Overturning Roe would not create a nationwide abortion ban. Instead, it would return to the individual states responsibility for deciding what, if any, restrictions to place on abortion.
If supporters of abortion “followed the science,” they would have to admit that abortion is the taking of human life. A fetus with a heartbeat is developing, but is also still a human with a right to life.
The Biden Justice Department is supporting efforts to overturn the Texas heartbeat law in federal court. President Biden is also supporting the repeal of the Hyde Amendment, which forbids the use of federal funds for abortions. If Biden and Congress are going to use tax dollars to support abortions, then they should allow anti-abortion taxpayers to withhold the percentage of their taxes that would be used to support abortion. The same should go for those with moral objections to America’s militaristic foreign policy that forces US taxpayers to subsidize the killing of innocent men, women, and even children.