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Decommissioning the Pro-Abortion Arsenal

In an attempt to remind us of the complexity of the abortion issue in the US today, George Will winds up oversimplifying it.  He elucidates the current legal situation as if there were nothing more to it.

In his column “Supreme Control of Abortion Policy,” Mr. Will rightly points out that even pro-life’s best case scenario - the reversal of the Roe v. Wade decision - would not outlaw abortion, but only return the issue to state legislatures, some of which would presumably adopt legislation similar to the federal rules now in place.

As the most a president can do is to choose justices who then might overturn Roe, Mr. Will convincingly deems presidents relatively powerless to determine abortion policy. Therefore, he reasons, a presidential candidate’s position on the issue is relevant only insofar as it signifies “the candidate's sensibilities and sympathies, and … his or her notion of sound constitutional reasoning.”  And that’s that. Any change would be slow and incomplete, so no one should get too worked up about any candidate’s view one way or the other.  Is the issue really no more complex than this?
 
First of all, that a candidate should consider Roe vs. Wade badly decided is more of a one-step IQ test than it is an indicator of his “sensibilities.”  Even if one accepts the dubious notion of a constitutional right to “privacy,” to stretch the concept to include abortion is to debase its very meaning. To expand the boundaries of my privacy to overtake your body entirely is to effectively negate your privacy.

But not everyone who rejects judicial activism respects life from the moment of conception.  And certainly many defenders of life care less about the Constitution than they do about babies.  The anti-Roe/anti-abortion and pro-Roe /pro-abortion alliances are politically rather than intellectually necessary.

There is much more to the question of abortion than its legal parameters. More than simply changing the law, the Court’s aggressive intervention wrested at one fell swoop a moral question from its proper arena.  And most importantly of all, it armed to the teeth one side over the other.

Without the bulletproof armor of a constitutional “right” to protect them, abortion advocates would again have to advance their cause on its own merits – or lack thereof.  Though no court of men could ever be endowed with the power to either grant or withhold anyone’s “right” to kill an innocent, the pro-abortion side simultaneously wields this phony right like a weapon and hides behind it like a shield.

Depriving post-Roe abortion supporters of this key weapon in their arsenal would do a lot to restore the even playing field of ideas, from which no battle over social policy should ever have strayed.

Tracey O’Donnell
SwimmingUpstream.org
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