Faithwire
  • Watch
  • Go!
  • Podcasts
  • Newsletter
  • Contact Us
  • Facebook
  • Twitter
  • YouTube
  • Instagram
  • SCOTUS
  • Life
  • Religious Liberty
  • News
  • Politics
  • Faith
  • Opinion

Dispelling SCOTUS Myths Surrounding Roe, and Why It Was Never Good Law: ‘Simply Not a Constitutional Issue’

Anti-abortion demonstrators and abortion right activists protest outside the Supreme Court in Washington, Saturday, June 25, 2022. The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years, a decision by its conservative majority to overturn the court's landmark abortion cases. (AP Photo/Jose Luis Magana)
Share Tweet
By Billy Hallowell
Editor

June 27, 2022

Constitutional law expert and professor Brad Jacob believes Roe v. Wade was never viable law and that the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling on Friday overturning nationalized abortion righted that wrong.

Listen to CBN News’ brand new morning podcast, Quick Start 👇

“The Dobbs case says what the Supreme Court should have said back in 1973, which is that the United States Constitution doesn’t say anything about the issue of abortion,” Jacob told CBN’s Faithwire. “It’s simply not a constitutional issue and the states are free to regulate anyway that they want to, as long as it’s reasonable.”

Jacob said it’s important to understand that all of the Supreme Court justices — liberal and conservative, alike — are working “in good faith,” but that there’s a deep divide over how they view the Constitution.

One side in previous abortion cases looked for a way to find rights to the procedure in the Constitution, but the contemporary court found the “document doesn’t protect abortion,” a fact with which Jacob agrees.

Watch the professor explain:

Jacob, who teaches constitutional law and foundations of law at Regent University School of Law in Virginia Beach, Virginia, also debunked one of the points of confusion among some pro-choice Americans surrounding the impact overturning Roe will have on the legality of abortion.

“This isn’t going to make abortions illegal in New York or Massachusetts or California — the places that want to protect abortion,” he said, noting that those states will still permit it; others will not. “It’s now purely a state law policy decision.”

He said a patchwork of abortion laws will likely develop, with different states enacting differing restrictions as well as exemptions. Jacob said protection for the life of the mother is the one exemption that would most likely be universally permitted.

“Life of the mother, I think, will always be an exception if the mother is in danger of dying,” he said. “I don’t know that anyone wants to force her to carry the pregnancy and die if that’s the … horrific choice that family has to make.”

While some are worried the Dobbs ruling could impact past cases surrounding gay marriage and other issues, Jacob said abortion is a unique issue as it deals with an “innocent person whose life is at stake.”

These other issues and cases simply do not raise to the same standard, he said.

“Even if the court believes that those cases were wrongly decided, there’s a lot less reason for them to feel that they need to go back and change those rulings,” he said.

As for those who argue against Dobbs on the grounds that it purportedly violates the will of the people, Jacob made an important distinction: abiding by the people’s views isn’t the role of the Supreme Court.

“It’s not the job of the Supreme Court to respond to the will of the people as expressed in public opinion polls or in people standing outside the court or outside the justices’ homes protesting and attempting murder,” he said. “Their job is to apply the law… they’re not supposed to be swayed by public opinion. They are supposed to say, ‘Here’s the law. Here’s how that law applies to the case in front of us.'”

Jacob said if citizens disagree, they can vote for candidates in the legislature who can change the laws, as that’s the branch of government that is “supposed to be responsible to the will of the people.”

Watch all of his arguments here.

***As the number of voices facing big-tech censorship continues to grow, please sign up for Faithwire’s daily newsletter and download the CBN News app, developed by our parent company, to stay up-to-date with the latest news from a distinctly Christian perspective.***

Latest

  • Faith

    ‘I Have No Fear’: 3 Doors Down Singer Announces Stage 4 Cancer, Delivers Bold Message, Call For Prayer

  • News

    ‘Bring Jesus Up!’: Sean Duffy Hangs Portrait of Jesus in Office, Calls for Original to Be Rehung After Being Sidelined During Biden Admin

  • Faith

    ‘God Saved Him’: Paula White-Cain on Trump’s Faith, Her White House Role and Why She Believes America Fell Into ‘Trouble’

  • Faith

    CeCe Winans Reveals ‘The One Thing’ She’d Do Differently as a Parent: ‘If I Could Go Back’

  • News

    Hollywood Actor’s ‘Demonic Attack,’ ‘Insane’ God Encounter Shock Him Into Belief


Sponsored
Sponsored

Newsletter
Signup

  • This field is for validation purposes and should be left unchanged.

Recent Posts

  • ‘I Have No Fear’: 3 Doors Down Singer Announces Stage 4 Cancer, Delivers Bold Message, Call For Prayer
  • ‘Bring Jesus Up!’: Sean Duffy Hangs Portrait of Jesus in Office, Calls for Original to Be Rehung After Being Sidelined During Biden Admin
  • ‘God Saved Him’: Paula White-Cain on Trump’s Faith, Her White House Role and Why She Believes America Fell Into ‘Trouble’
  • CeCe Winans Reveals ‘The One Thing’ She’d Do Differently as a Parent: ‘If I Could Go Back’
  • Hollywood Actor’s ‘Demonic Attack,’ ‘Insane’ God Encounter Shock Him Into Belief

Archives

  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • July 2016
  • June 2016

Categories

  • Christian Persecution
  • Coronavirus
  • Culture
  • culture
  • Entertainment
  • Faith
  • Faith
  • Family
  • George Floyd
  • Go!
  • Israel
  • Life
  • Life
  • Lifestyle
  • Media
  • Men
  • Mission Haiti
  • News
  • News
  • Opinion
  • P.O.V
  • Politics
  • Politics
  • Roe
  • Sponsored
  • Sports
  • Virtue
  • Women

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Navigation

  • Watch
  • Go!
  • Podcasts
  • Newsletter
  • Contact Us
  • Staff
  • Privacy Policy
  • Terms of Service

Follow Us

  • Facebook
  • Twitter
  • YouTube
  • Instagram

Subscribe to the Newsletter

Sign up to get our newsletter your inbox every day.

  • This field is for validation purposes and should be left unchanged.

Newsletter Signup

Do you want to read
more articles like this?

  • This field is for validation purposes and should be left unchanged.