Was Roe v. Wade rightly decided? Will It be overruled?
For instance, the 1954 Supreme Court decision in Brown v. Board of Education was not only divisive, but divisive along geographic lines that had previously split the country in a bloody Civil War. Yet no one now says that the Court erred in Brown by resolving a divisive moral question based on general constitutional language.CNN Legal Specialist and FindLaw Columnist Michael C. Dorf, January 23, 2003
Perhaps the crucial distinction between Brown and Roe is that the American people came ultimately to accept the ideal of racial equality, and to move on to debate instead how equality should best be achieved, while we remain divided over abortion itself.
For that reason, even if Roe's critics are wrong to suggest that the Court must always stay out of divisive moral issues, there is nonetheless something to the argument that a right that remains controversial to its core thirty years after its announcement should not be deemed fundamental.[emphasis mine]