Rehnquist's Dissent to Roe v Wade

(excerpt from Father Frank Pavone's column at Priests For Life) - The 1973 Supreme Court abortion decision Roe vs. Wade was decided by a 7-2 margin, legalizing abortion throughout pregnancy. One of the two dissenters from that decision was the current Chief Justice, William Rehnquist.

In his dissent, Justice Rehnquist mentions several times that the Court is engaging in the kind of analysis and judgment that should be left to legislatures. To be able to discern the difference is a critical skill for anyone on our Federal courts to have. If the people are to have self-governance, then the legislative process should be allowed to function through the legislatures, and not be short-circuited by Court decisions that create policy without the input of the people and their elected representatives.

Justice Rehnquist’s dissent raises a question about current confirmation hearings for Federal judges and eventually for Supreme Court Justices. Nominees who oppose Roe vs. Wade are routinely criticized bitterly for that position. But if the Chief Justice of the United States Supreme Court for the past 19 years has been a dissenter from Roe, why can't a new federal judge also be? It is a respectable position, not only for moral and religious reasons, but for legal and Constitutional ones as well.

The full text of the Roe vs. Wade decision, including Justice Rehnquist’s dissent, can be found here.