Congress has the solution.

The U.S. Congress has the most potent power to effect a repeal of Roe v. Wade under Article Three, section two of the U.S. Constitution. That section grants to the Supreme Court powers of "appellate jurisdiction" over most federal cases, "with such exceptions, and under such regulations as the Congress shall make." "Congress has power to control the entire jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court," University of Notre Dame Professor of Law Charles E. Rice explained to readers of THE NEW AMERICAN in 1989. "While Congress has not used this power since the Civil War period, it is clear from the 1869 case of Ex Parte McCardle, and from numerous statements in Supreme Court opinions, that Article III, Section 2, means what it says."

In Ex Parte McCardle, the Supreme Court dismissed an appeal by a defendant after Congress had passed a law eliminating the Court's jurisdiction to hear the case. Upon deciding not to hear the appeal, the court merely observed: "We are not at liberty to inquire into the motives of the legislature. We can only examine into its power under the Constitution; and the power to make exceptions to the appellate jurisdiction of this court is given by express words." Now that the new Congress is convening, pressure needs to be brought upon Congress to eliminate the Supreme Court's appellate jurisdiction in all abortion cases. Passage of this simple law would accomplish the greatly desired goal of the pro-life movement to nullify the effect of Roe v. Wade.