The main argument made for RvW is moral, not legal. I think those morals are horrible but my biggest problem with RvW is a legal one. But “Progressives” do this all the time. They look to things like the Civil Rights movement or Brown vs the Board of Education as if these were moral crusades. But the simple fact is that the violation of the constitution was really at issue. The 14th & 15th amendments were at stake and they still are and always will be, every generation of Americans needs to fight for these rights. Of course there are moral implications involved but the morals cannot trump the law in legal terms. Morals are what we try to protect with the law. If our legal decisions are just moral decisions then they will be a short lived victory or a long defeat. Judges shouldn’t do what they think is “right” but what they think is constitutional. A legal decision based upon lies instead of the constitution is not a legal decision. And sadly that sort of legality is harder to beat…because it’s not legal.
I believe the tide is finally turning. I believe God’s purpose for allowing millions of infanticides is coming to a close. Here I echo the words engraved in stone on the Lincoln memorial. God had some kind of purpose in slavery but that time was over. Maybe that purpose was the passing of the 14th amendment which is what makes RvW unconstitutional. Slavery was a horrible evil but RvW is worse. Slavery enslaved black people, RvW was part of a movement to kill black people. And sadly it’s been successful.
Here’s a great article from the Federalist discussing legal issues in connection to RvW.