Sen. Lindsey Graham said Sunday that the nation’s top court “created a constitutional right that didn’t exist” when it ruled to affirm abortion rights in Roe v. Wade.
The South Carolina Republican’s comment came amid controversy over last week’s leaked draft decision penned by US Supreme Court Justice Samuel Alito suggesting the court is on the cusp of overturning the landmark 1973 ruling legalizing a woman’s right to an abortion.
Graham said he agrees with Alito that Roe v. Wade 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 on “Fox News Sunday.” “This created division from the day it was decided until now.”
In the decision, Alito wrote that Roe v. Wade was ”egregiously wrong from the start.
“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,” wrote Alito, a member of the conservative wing of the court, while also citing 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 wrote in the draft opinion — which added that states should decide whether to restrict abortion rights.
Graham agreed with Alito that the 7-2 decision by the Supreme Court in 1973 prevented a full debate on abortion by deciding it at the federal, as opposed to state, level.
“You had no avenue” for more discussion, he said, noting that a group of justices 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“If [Roe v. Wade] does get repealed, which I hope it will, the issue will go back to the states,” Graham said.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,” he added.
Soruce : https://nypost.com/2022/05/08/sen-lindsey-graham-says-roe-v-wade-created-right-that-didnt-exist/