I won’t repeat Ramesh Ponnuru’s criticisms of Gary Wills’s op-ed on abortion--you can read them for yourself--but I’ll add my own. Wills argues that the state should have no authority over abortion because "the people are divided on this," an argument that would seem to deprive the state of authority over almost every issue.
Perhaps Wills could respond that tis is true only when "science" or "reason" don’t speak authoritatively. There you have it: Wills could be said implicitly to favor some combination of scientific dictatorship and libertarian choice in matters in which science is allegedly silent. (I know I’m exaggerating, but his argument does seem to cede a great deal of authority to science and to deny the state to make any determinations when there is popular disagreement. By this argument, the only possible justification for our constitution could be either popular unanimity or science. There’s no room for just government by the consent of the governed, determined by majorities to supermajorities.)
Update: For more on Wills’s confusions from our friends, see Rick Garnett and, quite succinctly, RC2. Wills appears to have been blinded by his modernist anti-theological ire, in evidence at least since this 2004 op-ed.