In 1973, the then-liberal US Supreme Court revoked the rights of states all across the nation to have authority over abortion, and instead ruled that every state must accommodate it. This has rightly been called one of the most controversial decisions by the court ever. But more than thirty years later, a showdown to challenge the decision is brewing.
Earlier this year, South Dakota made headlines after it effectively banned abortions, except to preserve the mother's life. The move is being contested heavily by feminists and abortion-supporters in the state who have already mounted a petition against it. Mississippi has a similiar law awaiting in legislative limbo, and now Louisiania wants to follow suit. Louisiania's Democratic governor has reputedly said she would sign the bill. All those decisions would have to be verified through another Supreme Court ruling on abortion.
With justices already confirmed to the court, President Bush has perhaps provided conservative ammo in the event of a national showdown on abortion. Justice Samuel Alito is a conservative who would most likely vote to turn down Roe v. Wade, and Chief Justice John Roberts has an enviable history of strict constructionism, something on which even non-conservative critics lambasted the Roe decision.
The problem with the Roe decision is that it was the move by the court to establish itself as an arbiter of moral values, something that is not in the spirit of the purpose of constituional interpretation. By pitting states' rights against a "right to privacy," the court discarded the checks and balances of the Consitution in favor of becoming the second, much more powerful legislative branch.
A showdown on Roe v. Wade could most certainly end up right where it started: the Supreme Court. With growing statewide support for abortion bans, states' rights will most certainly be the key topic. One issue to watch will be whether the left, which has consistently used the principle of states' rights to disparage the Federal Marriage Amendment, will defend the right of states to define abortion laws. If not, we will most certainly see a breakdown in the leftist position — for states' rights when it comes to marriage, against states' rights when it comes to abortion.
Article comments
1 - Silas Kain
"Feminist organizations, long considered one of the most influential pro-abortion bastions, are quickly and ostensibly hyperextending themselves on political issues, including kicking out W. and far-left homosexual agendas. Thus, feminists find themselves lacking clarity and power when it comes to arguing for abortion rights..."
This is where I lose it. I hate when the ultra right plays the fag card in arguing their point of view. Homosexuals are easy targets, and associating our agendas with everything from abortion rights to basic rights for women is so much easier to execute than sitting down at the table and talking.
I'm a Reagan Republican -- never denied it and am proud of it. However, I am ashamed and mortified at what the GOP has come to represent. It's not the party of Lincoln -- not even close. It has become America's Politburo. The enemy of these United States is not Osama bin Laden or any of his ilk. Our ultimate enemy lives in the hollows of backwoods America and in the Christian fundamentalist propaganda factories of the Deep South.
What's most unfortunate is that the majority of Americans have allowed themselves to be hoodwinked by corporate and Christian America. We've developed the collective attention span of a guppy. We have no patience. We're not willing to sacrifice for any cause. Oh, go ahead. Wrap yourselves up in the red, white and blue. Sing the Star Spangled Banner. Pray with the rest of the hypocrites at those silly little prayer breakfasts. It's all sound bytes and photo ops, folks. We've allowed it to happen and we're too damn chicken to take responsibility.
Roe v. Wade is the tip of the moral iceberg. The Roberts Court is about to enter a new phase as the real American divide is reflected in some decisions which will be handed down this year. Scalia, Thomas and Alito are dangerous men. They represent all that is evil about far right America. Chief Justice Roberts continues to be an enigma for me as I don't buy that his Conservatism as the Bush Administration would have us believe. How can he be -- he's completely androgynous. All of that being said, there's one Justice on the Supreme Court that holds the future sanity of America in his hands. The man's name is Kennedy. Now, that's ironic.
2 - Da Truf
Its been a long time coming for people to take a second look at Roe v Wade. Scalia is awesome. Thomas rocks. Alito is gonna overturn that crappy 1973 decision. I only pray that Roberts is the sleeper conservative we've all been waiting for. I dont understand why people get upset about equating the far left with homosexuality and abortion. Most homosexuals are liberals...because thats where they are most accepted. Its interesting how standing by your convictions on issues regarding morals has become "close-minded" while going along with the crowd and popular opinion and simply being afraid to stand up for what you believe is now being "open-minded". Ridiculous. Also another thing I was thinking about the other day....homosexual men are sodomists....weird.
3 - Mike Dean
Conservatives, by contrast, are arming themselves with new scientific data and sociological understanding, and can realistically be projected to be gaining significantly in the debate.
Oh yeah right... conservatives are really arming themselves with new scientific data... that's funny because most conservatives i know are Christian and for the teaching of creationism in schools.
4 - Arch Conservative
That's right Mr. Dean. There is no scientific evidence that shows abortion often traumatizes woman....just a bunch of bible thumping loons.
There's no eveidence showing that abortion increases risks during pregnancy later in life....just some screaming jesus freaks.
There's no eveidence showing that late term abortions involve a viable outside the womb human being which feels pain.....just a bunch religious nutjobs.
Thank god we have the enlightened, completely objective, tolerant left to guide us on the abortion issue.
5 - Arch Conservative
Where did you go dean?
6 - zingzing
da truf is an idjit.
7 - Arch Conservative
I kinda like him.
8 - zingzing
yeah well. his last statement is stupid. most people are sodomists. it's not a problem. it is kinda weird. i can't say how much i like it.
9 - Arch Conservative
Roe v. Wade is the tip of the moral iceberg. The Roberts Court is about to enter a new phase as the real American divide is reflected in some decisions which will be handed down this year. Scalia, Thomas and Alito are dangerous men. They represent all that is evil about far right America
Yeah well Silas from where I sit souter, ginsberg, stevens, bryer and kennedy are the dangerours ones.
See kelo versus new london and then tell me who represents a greater threat to american liberties.
scali thomas alito and roberts might not want you to have an abortion but souter, ginsberg, stevens, bryer and kennedy don't want you to be able to keep your private property if a developer wants it.......