Debate on Abortion: Impossibility of
If Roe v Wade is repealed by the Supreme Court, abortion will again be an issue determined by State legislatures across the country, unless Congress passes a constutional amendment specifically granting abortion protection.
Is the US public ready for an absolute ban on abortion? Is the supreme court prepared to reverse 30 years of legal precedence? Governor Rounds apparently thinks so.
Well, if the public doesn't like the idea of an absolute ban on abortion then it can vote for parties that oppose it. That's rather the point of democracy. South Dakota currently has only one abortion clinic as it is. The decision has obviously been made that there is more support in the state for a ban than there is for the continued legal status of abortion. That may well be a misjudgement, but it doesn't seem wholly unreasonable to say that it should be the people of South Dakota that should make that call.
The problem for pro-abortionists is that Roe v Wade is a jurisprudential monstrosity. Does the US constitution, written in the 1780s, provide a specific protection for abortion? Obviously it does not. Does it provide for the right to privacy, from which the right to abortion flows? It does not. Does it cover this topic at all? Yes, by saying that those matters not specifically reserved to the Federal power are reserved to the States and to the people. The Constitution, on a literal reading, is crystal clear on this point. To come to a different answer one needs to follow the 'living document' approach beloved of the Democrat Party.
But the difficulty with this is that the Constitution then means only what the Supreme Court decide. This is not, or was not supposed to be, their constitutional function. Their role is to interpret the Constitution, not write it. This is an argument that needs to be understood before the rights and wrongs of abortion itself are even discussed. That it is continually ignored or misunderstood simply puts another obstacle in the path of rational debate.