Graham says Roe v. Wade created ‘constitutional right that didn’t exist’

Sen. Lindsey Graham (R-S.C) on Sunday said the 1973 Supreme Court precedent Roe v. Wade “created a constitutional right that didn’t exist” when justices ruled Americans have a right to privacy and legalized abortion in the U.S.

Graham told “Fox News Sunday” anchor Bret Baier the ruling has divided the public since its inception.

“Roe v. Wade created a constitutional right that didn’t exist in the writ constitution,” Graham said. “This created division from the day it was decided until now.”

Last week’s leak of a draft opinion from Supreme Court Justice Samuel Alito showed the court’s conservative majority was ready to overturn the precedent, which has drawn fierce debate on abortion rights.

Graham on Sunday said Roe v. Wade has long shut out debate on abortion rights and prevented challenges to limiting abortions.

“You had no avenue,” he said, adding a handful of judges had “determined when life begins and how it ends.”

“If it does get repealed, which I hope it will, the issue will go back to the states,” Graham said. “The abortion debate will not go away in the country, it will be decided by the people, not a handful of judges.

“Now finally elected officials have a say about life and the conditions of an abortion,” the senator added.

–Updated at 11:14 a.m.