God’s Littlest Children and the Right to Live: The Case for a Positivist Pro-Life Overturning of Roe

Raymond B. Marcin, The Catholic University of America, Columbus School of Law


For those who understand that God's littlest children have the same right to life that all God's children have, the day on which the United States Supreme Court decided Roe v. Wade was a day that echoed the grief and frustration that, more than a century earlier, accompanied the decision in Dred Scott v. Sandford. And the day on which the United States Supreme Court decides to overturn Roe v. Wade and all the other pro-abortion decisions will be a day of heart-felt thanksgiving. From the pro-life perspective, however, it will not be enough, that the Supreme Court merely overturns Roe v. Wade and the other pro-abortion decisions. It is the thesis of this article that in order for the right to life of God's littlest children to be truly and genuinely recognized in our society, the Supreme Court must base its overruling on a pro-life rather than (as is more likely) a federalism rationale.