The Supreme Court’s ruling on Dobbs v. Jackson did away with a couple of earlier, and incorrect Supreme Court rulings, most notably Roe v. Wade. Handing the abortion question back to the states and denying the whole “privacy” question that actually was the lynchpin in Roe passing muster in the first place was a smart move by the court. In essence, they did not deny someone’s ability to get an abortion. They just denied that the federal government had any jurisdiction in the matter and that the states should decide for themselves. And that was the correct decision.
But there have been rumblings ever since the ruling was made public at the end of last month that the GOP is considering a nationwide ban on abortions after 15 weeks of pregnancy. Soon to be Speaker of the House, Kevin McCarthy has told CNN that he would support such a move. And while I would be the first to say that my religious beliefs do not allow me to accept abortion because it is the taking of a life, and violates the Sixth Commandment, I also think that this isn’t a fight the GOP needs to take on.
The Supreme Court showed it’s intelligence by not wading into the middle of the “Is it right or wrong” fight. As they had previously done with the whole Obamacare issue, the court looked at it from a Constitutional vein. And they concluded (rightly so) that the Constitution does not give the federal government jurisdiction in this manner. Therefore it needs to be returned to the states.
I would suggest that if McCarthy goes ahead with a nationwide ban after 15 weeks, he’s making the same mistake that the Justices made back in 1973. There are somethings that need to be left to the discretion of the states, and abortion is one of them. It’s not a right or wrong issue, it’s an issue of federal rights versus states rights, and it’s always been that.
The abortion battle, as far as the federal government is concerned is over. Now all we have to do is convince lawmakers of that!
Carry on world…you’re dismissed!