Tuesday, May 3, 2022

THE LEAKED DRAFT ROE v WADE OPINION: LITTLE CHANGES BUT THE INTENSITY OF THE POSTURING

 

5/3/22

Even if the leaked Alito draft opinion striking down Roe v. Wade and Planned Parenthood vs. Casey turns out to be the final opinion (highly unlikely) or part of a process of deliberation that will ultimately lead to those two decisions being struck down (more likely but far from certain), those in favor of ready access to abortion should tone down their vituperation and those who are opposed to abortion should moderate their celebration.   Nothing substantive is going to change regarding the availability of abortion if Roe is overturned.

 

If Roe is overturned, decisions regarding the availability, and the legality, of abortion will be in the hands of the states, where they should have been all along.   Once in the hands of the states, it is quite clear that laws regarding abortion will reflect the general consensus this country reached long ago on abortion, i.e., that abortion should be legal but restricted.    Nothing will change in that regard.   Yes, the degree of restrictions will vary from state to state, as it does now and as it should.   Some states will ban abortion outright.   Some of the more hysterical among those who insist on wider availability of abortion are predicting that half the states will outlaw abortion.   Some cooler heads in both camps are predicting that the number of such states will be in the teens.   Yours truly thinks that the number will be more like ten, or even fewer.   Regardless of their number, states’ outlawing abortion will present problems for women who live in such states and wish to terminate their pregnancies.   Even now, though, organizations and people strongly in favor of keeping abortion legal and widely available are making, and, in some states, executing plans to provide transport to women who cannot obtain abortions in their state of residence.   Having to provide such services will provide those in favor of readily available abortion a chance to put their proverbial money where their mouths are, and one should have little doubt that such plans will come to fruition and thus that women anywhere in this country who want abortions in the still hypothetical post-Roe era will be able to terminate their pregnancies with only relatively minor degrees of inconvenience.   Talk of “back-alley abortions” and a “return to the days of the coat-hanger” is so much hyper-ventilation.  

 

What is even sillier, but at least as predictable, is politicians grandstanding on the issue, with the likes of Illinois Governor J.B. Pritzker of and Chicago Mayor Lori Lightfoot piously proclaiming that abortion will remain legal and readily available even if Roe is overturned.    They might as well proclaim that water will remain wet.  Does anybody who is not barren of grey matter and/or overcome by the alarmism of the moment think for even three seconds that, in a post-Roe world, abortion will be outlawed in Illinois?  Or, for that matter, in New York, California, New Jersey, Connecticut, Washington, Oregon, et. multa al.?    But the facts, and/or or reasoned conclusions, don’t matter when emotions overrule intellect, which seems to be happening with increasing frequency in this country on matters far beyond abortion rights, but I digress.  Such emoting rather than thinking is why, by the way, an overturning of Roe will turn out to be a big positive politically for the Democrats in 2022 and 2024.   Whether it will be enough for them to hold onto Congress and the White House is grist for a later mill, but an overturned Roe will be a positive for the Dems.    So look for the crocodile tears in the eyes of Democratic pols wailing and gnashing their teeth in the wake of this SCOTUS leak.

 

One more thing…

 

I have been around long enough to have experienced many “world-changing” developments that don’t change the world much at all.   Overturning of Roe, if it happens, will turn out to be one of them.

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