Although, the word “abortion” does not appear in the Constitution, in Roe v. Wade the Supreme Court ruled that the constitutional right to privacy encompasses the right to abortion.  However, the word “privacy” is not found in the Constitution either.  Despite that, the Court said that a right to privacy is found in a “penumbra” (shadow) of the Constitution.  That little example of verbal gymnastics is known as “judicial activism” which simply means that the Court started with the conclusion they wanted and twisted the Constitution to make it fit.

After he died, the notes of Harry Blackmun – the Supreme Court Justice who wrote Roe v. Wade – were released and they made it undeniable that Blackmun, and the majority of the Supreme Court, found a right to abortion because that is what they set out to find.  When they saw that the Constitution contained no foundation to support their political agenda, they simply manufactured one.  This is best exemplified in their assertion that abortion is constitutional because the unborn are not “persons.”  That is the modern version of a tactic the Court has used in the past to make certain groups constitutionally invisible.  In their 1857 Dred Scott decision, they ruled that slavery was constitutional because black people were not “citizens.”   

As for the claim that the abortion issue was settled by Roe v. Wade, the Supreme Court has a long history of discovering that some of its prior decisions were wrong.  We do not have to accept that abortion is a settled issue because of Roe v. Wade anymore than our ancestors had to accept that slavery was a settled issue because of Dred Scott.