October 29, 2012
ABORTION EXTREMISM: By the progressives. Timothy Carney’s column in the Washington Examiner explains why it’s the Obama, not Romney, campaign that is extreme on the issue of abortion. And I’ve said it before, but I’ll say it again (because virtually no one understands this): Overruling Roe v. Wade would not–I repeat not–make abortion illegal. It would only make abortion something that would be decided state-by-state rather than imposed from the Supreme Court down, in a one-size-fits-all solution for the country.
Many lawyers I know oppose Roe v. Wade because–as Carney points out– it is a truly awful opinion, in terms of legal reasoning (or lack thereof). But they don’t necessarily, as a political matter, think that if Roe is overruled, their state legislatures should then make abortion unavailable.
The constitutional right ssue and the “legal availability” issue are apples and oranges.