Law and the Supreme Court
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There is an important point to understand about the Supreme Court before we move on. It is generally agreed that the Court does not exist to decide whether federal and state laws are wise, prudent, beneficial, or moral. The wisdom and benefits of laws are to be weighed by legislatures. When the Court reviews laws like the Texas statute at issue in Roe, its function is to decide the constitutionality of the law, not its wisdom.

Likewise, when the case of a person scheduled for execution comes before the Court, its function is not to decide whether that person committed a crime, but whether his or her constitutional rights have been violated in the judicial process.

If the Court's main function is to determine the constitutionality of laws and procedures, its role in determining policy on abortion is limited to constitutional issues. Indeed, whether state laws restricting abortion are constitutional and whether we should have laws restricting abortion are two very different questions. It is quite possible for someone to be either pro-life or pro-choice and find neither position built into the constitution.

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