Some senators have threatened to filibuster the confirmation of Judge Neil Gorsuch if they feel that his response on Roe v Wade is incorrect. The fact is there is only one correct answer concerning Roe v Wade and it is not likely to make anyone happy.
Roe v Wade is a court case; and the decision in that case; albeit fundamentally flawed, is binding only on the parties to that case. While that decision may inform future court decisions, it is not a law; only congress can make law.So any question as to the sanctity of rights established by that decision is absurd; the judiciary does not establish rights. Under Article III of the United States Constitution courts decide cases based on the law as it is; not as the court feels is should be.
The court made two fundamentally fatal errors which were allowed to stand only because congress was derelict in not impeaching the justices for violating the Constitution and the Judiciary Act.
The court did not find that Roe’s privacy had been violated by the Texas law, rather it decided that abortion laws in general were a violation of privacy. However, every US court is bound to decide cases on the specific merits of the case before it; not by philosophical reasoning.
Moreover, there is no constitutional precept which speaks to the question of abortion in which case Section 34 of the Judiciary Act instructs the court to defer to the applicable state law.
Further, nothing in the US Constitution nor the Judiciary Act empowers the judicial branch to expand, amend, repeal, invalidate or otherwise alter any duly enacted legislation as a remedy in any case for any reason.
The extent of the court’s power; relative to a legitimate finding of an unconstitutional application of a law in the case before it, is to disregard that law when deciding that case. It is the prerogative of the respective legislature to alter the legislation if deemed appropriate and or necessary.
The only correct answer is that Roe v Wade is a court case; not a law.