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14 Regent U. L. Rev. 35 (2001-2002)
Storming the Gates of a Massive Cultural Investment: Reconsidering Roe in Light of Its Flawed Foundation and Undesirable Consequences

handle is hein.journals/regulr14 and id is 43 raw text is: STORMING THE GATES OF A MASSIVE CULTURAL INVESTMENT: RECONSIDERING ROE IN LIGHT OF ITS FLAWED FOUNDATION AND UNDESIRABLE CONSEQUENCES Hunter Baker* Tell me yourself - I challenge you: let's assume that you were called upon to build the edifice of human destiny so that men would finally be happy and would find peace and tranquility. If you knew that, in order to attain this, you would have to torture just one single creature . . . and that on her unavenged tears you could build that edifice, would you agree to do it? Tell me and don't lie! No, I would not, Alyosha said softly. And do you find acceptable the idea that those for whom you are building that edifice should gratefully receive a happiness that rests on the blood of a tortured child and, having received it, should continue to enjoy it eternally? No, I do not find that acceptable, Alyosha said .... 1 I. INTRODUCTION The Supreme Court's decision in Planned Parenthood v. Casey stands for the proposition that Roe v. Wade2 will not be overturned, regardless of its questionable Constitutional basis, in part because of mass reliance on the Roe decision by American women and in part because of the Court's self-conscious concern for its legitimacy in American governance.3 Given the firm footing upon which the American woman's right to an abortion for any reason finds itself, one might ask why yet another article should be written demanding reconsideration of that right's status. The first answer to that question is that I and millions of others have asked ourselves the questions posed by Dostoevsky about the balance of the suffering of even one child for the sake of the happiness of many men and women and have answered, No, I do not find that acceptable. And we never will, no matter how many euphemisms about * Hunter Baker is the Director of Public Policy at the Georgia Family Research Council. Baker earned his J.D., magna cum laude, from the University of Houston Law Center. 1 FYODOR DOSTOEVSKY, THE BROTHERS KARAMAZOv 296 (Andrew H. MacAndrew trans., Bantam Books, Inc. Classic ed. 1981) (1880) (quoting a conversation between the characters Ivan and Alyosha). 2 410 U.S. 113 (1973). 3 Planned Parenthood v. Casey, 505 U.S. 833 (1992).

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