21 September 2024
Reinstituting a National Abortion Right
The Supreme Court’s Dobbs decision has fomented a serious political conflict in the U.S. Overturning it under the Constitution requires a variety of extremely difficult action plans: (1) election of politically sympathetic controlling parties to two-thirds of both houses of Congress and three-fourths of the fifty state legislatures (and governors?) allowing the proposal and adoption of a Constitutional amendment; (2) the morbid strategy of anxiously awaiting changes in the membership of the Supreme Court, or in the Justices’ philosophies, that allows it to countermand the Dobbs decision and accept an Act of Congress restoring the terms of the Roe v. Wade decision; or (3) the election of abortion-favorable majorities in all the state legislatures and governorships. Therefore, the promise of a 2024 Presidential election candidate to “sign into law” a Congressional bill that restores Roe v. Wade holds little weight.
In the meantime, the tragic deaths cited by that candidate
were inevitable consequences of the barriers to reproductive health care
erected by the Dobbs decision. There
have probably been and there surely will be others. Moreover, before the Roe v. Wade decision
more than fifty years ago, such tragedies were probably common. The ideologue who’s running for VP on the
Republican ticket would probably say, “That’s life.” I await his debate performance next month to
see how he rationalizes that sentiment.