Ginsburg, one of the most liberal members of the nation’s high court, spoke Saturday at the University of Chicago Law School. Ever since the decision, she said, momentum has been on abortion opponents’ side, fueling a state-by-state campaign that has placed more restrictions on abortion.
“That was my concern, that the court had given opponents of access to abortion a target to aim at relentlessly,” she told a crowd of students. “… My criticism of Roe is that it seemed to have stopped the momentum that was on the side of change.” . . .
A more restrained judgment would have sent a message while allowing momentum to build at a time when a number of states were expanding abortion rights, she said. She added that it might also have denied opponents the argument that abortion rights resulted from an undemocratic process in the decision by “unelected old men.”
Jon A. Shields, writing in the January 2013 issue of First Things:
Roe v. Wade did far more than create a constitutional right to abortion—it crippled the pro-choice and energized the pro-life movement, creating one of the largest campaigns of moral suasion in American history. Even while nationalizing abortion politics, the Supreme Court’s decision also localized and personalized the issue by pushing it almost entirely out of legislatures, giving an unexpected opening to the pro-life movement to affect the culture, and in turn the wider political debate, in ways no one expected.
Before Roe, the pro-choice movement was truly a movement: It organized letter-writing campaigns, subverted restrictive abortion laws through underground networks of clergy and doctors, and eagerly sought opportunities to debate pro-life advocates. After Roe, obviated by its near-total victory, the movement almost collapsed. It has never fully recovered its former strength and energy.