I am probably in the minority with this hot take, but overturning Roe could be the best thing to happen to the pro-choice movement. Rather than defending an elitist decision made by 7 unelected judges against a pro-life public in 1973, they will instead be attacking an elitist decision made by 6 unelected judges against a pro-choice public in 2022 (3 of whom were appointed by Trump whom a majority of Americans loathe and 2 of whom were credibly accused by women of sexual harassment and sexual assault). It also could finally get progressives to pay attention to down ballot races and actually compete for state legislatures. Even in Winthrop.
Of course, many innocent women will be caught in the crossfire of the transition from federal to state oversight over the question. Although if we are actually being honest, most women in red states already have to travel as far as 250 miles to get access to a safe procedure and it’s getting harder by the day. The right’s strategy of chipping away at Roe has already gutted choice without attracting the kind of hostility and attention overturning Roe would, which is why I’m skeptical the Roberts Court will ever pull the trigger. If they do though, it could backfire badly against conservatives while helping progressives elect a pro-choice majority in the Senate, Congress, and state legislatures. We ought to emulate Ireland and pass a constitutional amendment affirming abortion rights, regardless of the eventual future of Roe v. Wade. Either way, I have a feeling after decades of defense, we will finally be on offense.
As someone who is pro-choice on the merits, but has never completely understood the constitutional underpinnings of Roe, I have said for a long time that the pro-choice folks need to sharpen their arguments and come out from behind the Constitution. I actually wonder if gutting Roe will slow down efforts to ban abortions. I have long suspected that such efforts are largely virtue signaling for the base, safe in the knowledge they won’t have actual impact as long as it’s a constitutional right, but may cause people to think twice once it could have an impact.
Congressional Democrats have made a terrible mistake leaving all this up to the courts for decades — legislation should have been passed years ago, taking pressure off the courts.
It’s made the courts the #1 or #2 issue for many Republicans and conservative voters, while most Democrats don’t think about the courts that much.
It’s also turned the Supreme Court of the United States into the Supreme Court of Abortion Rights, as if nothing else ever comes across its docket.
Great point Ryan, and I’ll add to be crystal clear I don’t want Roe to be overturned, but I also think we shouldn’t wait for that outcome to happen before codifying choice at the federal level. Especially since states continue to tinker on the edges reducing access without directly challenging either Roe or Casey.
OMG! Other than the last few minutes, Mrs Lincoln, how did you enjoy the play?
While we are pretending we are politically wise, let’s make lemonade from the lemons the SCOTUS gives us as they repeal gun control.