As Rod has acknowledged, with deep and sincere regret, the pro-life movement has lost the battle. After years of demanding that a federal constitutional restraint on the police powers of the state be breached to "return it to the states" and subject the peoples' liberties to the whims of state level politicians, they got their wish. It t…
As Rod has acknowledged, with deep and sincere regret, the pro-life movement has lost the battle. After years of demanding that a federal constitutional restraint on the police powers of the state be breached to "return it to the states" and subject the peoples' liberties to the whims of state level politicians, they got their wish. It turns out that the people of "the states" are not going to allow their somewhat disconnected legislative elites impose draconian criminal penalties on abortion. Pro-life doesn't have the popular majority at its back to implement its dearly wished for program. Four years of Kamala will make rather little difference one way or the other. In saying that, I anticipate that the Supreme Court will shoot down any federal bill either providing national criminal penalties for abortion or "codifying Roe v. Wade." Congress lacks the constitutional authority to do either. Even if most justices are motivated more by the preferred result than by the constitutional principles at issue (likely), I expect a different majority will strike down either type of legislation. Furthermore, statutes can be repealed every time there is a new majority leaning the other way, unlike constitutional clauses. Pick anything but abortion as your basis for voting, no matter who you vote for.
As Rod has acknowledged, with deep and sincere regret, the pro-life movement has lost the battle. After years of demanding that a federal constitutional restraint on the police powers of the state be breached to "return it to the states" and subject the peoples' liberties to the whims of state level politicians, they got their wish. It turns out that the people of "the states" are not going to allow their somewhat disconnected legislative elites impose draconian criminal penalties on abortion. Pro-life doesn't have the popular majority at its back to implement its dearly wished for program. Four years of Kamala will make rather little difference one way or the other. In saying that, I anticipate that the Supreme Court will shoot down any federal bill either providing national criminal penalties for abortion or "codifying Roe v. Wade." Congress lacks the constitutional authority to do either. Even if most justices are motivated more by the preferred result than by the constitutional principles at issue (likely), I expect a different majority will strike down either type of legislation. Furthermore, statutes can be repealed every time there is a new majority leaning the other way, unlike constitutional clauses. Pick anything but abortion as your basis for voting, no matter who you vote for.