I'm totally serious about this. This isn't one of those oh-so-clever bits where the author purports to be speaking to Democrats, but it's only a clever ruse to get them in and insult them, e.g., "You should vote for George Bush because he has succeeded in doing what Democrats have failed at for 30 years: ruining the economy." This blog is not about gratuitous insults. I don't generally do red meat politics issues. They bore me. This is a serious proposal, though it may get off track a few times. Please stick it out.
And for those of you who are going to go straight into knee-jerk ad hominem-land, let me say this, too: I used to belong to
NARAL. After a while, I got out not because I had changed my mind but because they wanted to enlist my support in 10,000 unrelated causes. I still get mail from them. I don't think a tough Senatorial campaign for some Democratic candidate deserves an Action Alert.
Let me be clear: I think abortion is generally wrong, but it's one of, if not the, most difficult question of rights, and I'm not comfortable telling women what to do on the issue. The nonsense coming from both sides of that argument is just not constructive, principled, or serious. Take for example the argument from the right that (A) a fetus is a person with full rights, and (B) that abortion should be totally banned except in cases of rape and abortion. If a fetus is a person, what difference does the identity or intent of the father make? Or take the argument from the left that (A) a fetus up until the moment of birth is not a person and hence deserves no protection, and (B) the child of a single, destitute mother is worthy of every protection that the nation can afford. Such a transformation simply by moving "the being" from "in there" to "out here" defies logic. We should drop the irrelevant, "you can decide when you have a uterus" unless you specify that you will yield your abortion rights if a majority of women votes against it. I am satisfied with a simple and symmetrically beautiful rule using brain activity as a sign of sentience much as at the other end of the span of life. Abortion should be legal prior to, but not legal after the onset of brain activity, which occurs at about 10 weeks (almost coincident with the first trimester).
But that point isn't critical to my main point. Argue it both ways, I'm not particular as long as both the mother and fetus/child/puppy are given due consideration.
Here is what is critical: overturning
Roe v. Wade does not mean returning to back alley abortions.
Roe v. Wade was a decision by the Supreme Court that effectively said, "We don't care what you states think, abortion is legal in the United States, and that's that, end of discussion." Look around: the discussion not only did not end there, but that decision awakened a previously latent and, in my opinion, dangerous constituency.
Prior to 1962, therapeutic abortion was not legal for a variety of reasons including received Common Law and the beliefs of the American Medical Association. After 1962, and the introduction of the Model Penal Code, several states liberalized their abortion laws. By 1970, abortion was legal in four states (Alaska, Hawaii, New York, and Washington), and thirteen others had reformed their abortion laws but not completely repealed them (California, Oregon, New Mexico, Colorado, Nebraska, Missouri, Florida, Georgia, South Carolina, North Carolina, Virginia, Maryland, and Delaware). I know you all want to run off and find arguments to prove me wrong on this: let me save you the time. One great resource is the
Guttmacher Institute, especially
this presentation, which contradicts some of the claims made in
this essay (see especially the decline in deaths prior to
Roe). Also, we have the brief history from The Abortion Law Homepage linked at the beginning of this paragraph, and two relevant entries at Wikipedia:
Roe v. Wade and
Abortion Law.
Now, I have read the Constitution from cover to cover, and I can't find any mention of "abortion". Yes, I know, I can't find any mention of the "Air Force", either, but remember that they used to be called the
Army Air Corps, so it's easy to see how they made that interpretation and could do so again if someone wanted to force that game of semantics. The convoluted arguments behind
Roe v. Wade are astounding; they squeezed blood from the turnip. Now, I know you Dems are fond of saying that it's a "living" document, but you should remember that your justifications can easily be turned on you when the other party is in power. Uh, ... like now! Just about every aspect of the Patriot Act was at one time the policy of the Clinton Administration, including detaining aliens without a trial on secret evidence (al-Najjar, Haddam, Ahmed), electronic surveillance (remember
Carnivore?
Echelon?), and so on. Those chickens have come home to roost, and I hold you partly responsible for it. You all - both Republicans and Democrats - have extremely short memories and/or nearsightedness when it comes to your own party's shenanigans, and then you act surprised when the other guy turns your weapon on you. You should keep in mind this exchange from Robert Bolt's A Man for all Seasons
Roper: So, now you give the Devil the benefit of law!
Sir Thomas: Yes! What would you do? Cut a great road through the law to get after the Devil?
Roper: Yes, I'd cut down every law in England to do that!
Sir Thomas: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!
But I'll forgive you - and you, me if you'll just stick with this until the end.
Because if
Roe v. Wade is overturned, it will mean the rebirth of the Democratic Party.
When
Roe was decided in 1973, Republicans were a mixture of unprincipled anti-communists like Nixon, principled liberals like Goldwater (I still use the classical meaning of "liberal"), a few bankers, Wall Street tycoons, and a few Country Club members (I know you like to stereotype them as mostly of this variety, but that would hardly give them enough members to vote in Nixon twice, would it?). After Watergate, Republicans were in decline, with only a few Sagebrush Rebels in the West trying to fight the national government and save what was left of federalism. But
Roe had ignited a fire among the scariest group of voters ever to unite: the Evangelists. Together with the Sagebrushers, they began fighting in the state rotundas and eventually carried Ronald Reagan to the White House just when it seemed that Republicans would never be seen in that place again.
Yes,
Roe v. Wade reinvigorated the Scattered Right, but birthed the evengelical wing at the same time. From Nixon's "Silent Majority" to Falwell's "Moral Majority" all within a decade, and today with an evangelical President who picks Supreme Court Justices on the basis of their second birth, the Evangelical Right has moved from the wings of the party to center stage. Roe is the Bogeyman they trot out to solidify the base and maintain their power. This is the pad from which they launched the New Crusades. It has to stop. You have to stop it. By abandoning
Roe v. Wade.
I can't believe nobody else has seen this. I mean, it seems so simple.
With
Roe no longer the "law of the land", states will be able to choose for themselves what level of abortion law they want. Y'know, with democracy and stuff, just like they do it in
Europe, where abortion is mostly legal, and not nearly as contentious. That's the really scary part about the love affair with
Roe: it requires the adoption of an elitist, anti-democracy tendency to which
Hannah Arendt showed both sides of the political spectrum can succumb. That's not good. It's time for you to return to your roots, at least on this subject. We'll take up mandatory sentencing guidelines for gasoline price-gougers another day.
When the burden gets thrust back upon the states, I think we can easily surmise what will happen in the first round. The coasts and Illinois will opt for abortion on demand up to delivery, and the flyover states will try to ban it. Or will they?
See, this is the interesting part of this. You all seem to be forgetting that the evangelists are just barely tolerated by the other wings, the "small is beautiful" government reformers, the tax cutters, the pork barrel auctioneers, the anti-terrorist hawks. Just look at how quickly the others abandoned the President's Evangelical pick, Harriet Miers. The fight in the states will shatter the heretofore solid coalition. Furthermore, you are going to have to wage an intellectual battle that will reinvigorate the Democratic Party at the grassroots level.
Can we be honest? The Left hasn't had a concrete, useful idea since Johnson left office. I'm not saying the Republican's ideas have all been good ones, or that the execution has been good, but at least they have
new ones. Carter was a smart but ineffective leader; he barely survived his one term. Clinton? I know you're all going to trot out the nonsense about how "he ran the longest peacetime expansion" but when I ask what exactly he did, I get some mumbo-jumbo about balancing the budget. Look folks: check your history. Remember the shutdown in 1995? What was that about? Gingrich wanted to balance the budget in __ years, Clinton wanted to balance it in __ years, it actually became "balanced" in __ years if you don't count the money they were stealing borrowing from Social Security (answers at the bottom). It should be obvious that while both sides claimed victory, neither was responsible, both were lucky, and we should have credited Alan Greenspan, Andy Groves, and Bill Gates for the expansion. Clinton's one major and potentially transforming idea was universal health care, but the proposed mechanism was so bad that even his own constituency abandoned him. Since then, it's all been, "tax cuts for the rich", "no blood for oil", "Bush lied, millions died", but not one concrete, substantial policy proposal. There were a couple of insubstantial ideas. Daschle thought he would thwart the tax cuts by suggesting the rebates, but that didn't work (although Bush took the heat and the credit for it). Then Lieberman suggested federalizing airport security, and then rolling up a bunch of agencies into the Homeland Security Dept. Both terrible wastes of resources, but Bush takes both the blame and credit for them. Other than that, you guys are out of ideas for anything except how to rhyme things in a clever Bush-bashing way. Social Security is going to go bankrupt, everyone knows it, Gore even ran his campaign on the issue, and yet when someone proposes reform, you claim that there is no crisis, that we can deal with that if and when it becomes a crisis. Are you willing to tolerate the same logical process regarding global warming? Apparently, when it's a crisis that matters to you, then we need to get right on it before it becomes a crisis, but when it's a crisis whose solution might benefit the other party, we should "wait and see". You have become the party of nit-picking, fearmongering, and condescension.
The fight over abortion in the state legislatures is going to reinvigorate your party. But, perhaps equally important, it is going to shatter the evangelical grip on the Republican Party. You don't believe me? You think they're all evangelicals? Consider these famous Republicans with a pro-choice record:
- Rudi Giuliani
- John McCain
- Condoleezza Rice
- Arnold Schwarzenegger
- Ronald Reagan
Ronald Freakin' Reagan?!
Well, ... before he wrote a book outlining his stance against abortion, Ron was governor of California, 1967-1975. As you will recall, that was the period during which California loosened its abortion laws. Guess who signed the law? It was only after the resulting surge in abortions that he changed his mind.
I suspect there are more, and they would come out of the closet if only they thought they could stand up to the evangelicals. The coastal states are the easy pickings. But what about the rest?
I think you need to disregard the hype from the extremists like NARAL. Prior to
Roe, deaths due to abortions had already been declining for several years, from 200 per year in 1965 to less than 40 in 1973. The abortion rate peaked in the 1980s and is likely to continue to decline. The real problem is how women with less access to resources are going to fare.
Most abortions are obtained by white women, but their proportion is decreasing. White women in the general population tend to be more affluent, on average, than minority women, on average, but the subgroup of white women who obtain abortions is probably lower income than the general population of white women. The black women probably mostly live near the coasts; they are going to be safest. The hispanic women are in mostly Democratic states except for the wildcard Arizona and the safely Republican Texas. The white abortion-seeking women are probably mostly in rural areas, where they are only at risk in the Midwest. 80% of counties have no abortion provider now; 33% of all women live in a county with no provider. I wish I had more detailed statistics, because those last two are potentially misleading. For example, it is a different type of problem for a woman living in Montana as opposed to Connecticut if the nearest provider is in the next county, so counting "by county" is different than counting "by distance from the nearest provider." Also, it is worth considering the socioeconomic factors involved. Not having a provider in Lancaster County is a different magnitude of problem than a lack in New York City, or in a rural county in West Virginia because of the familial and other support systems available. Japanese laws are restrictive, but rape is virtually unknown in Japan.
Your battleground seems to me to be Utah, Texas, and those Midwestern states that will likely ban or at least restrict abortion. If you can mount an intellectual assault effective enough to win there, you will have created something worth reckoning with.
This seems so likely to work, that I can't believe it hasn't been suggested before. Perhaps the Miers nomination makes it easy to point to a concrete example of what the Evangelicals really want? Or perhaps it comes from a frustration of having to listen to this single issue as if it were the only thing facing the Supreme Court? When you drop your support for
Roe v. Wade, it will be easier to take you seriously when you complain about Bush's assault on the Constitution. It also makes it difficult to think of Democrats as the "party of the people" when you keep nominating Old Money. Returning the policy-making power to the legislature, where it belongs, will return you to your democratic roots and force you to pick up the fight in the states and win it. I genuinely hope you take this challenge up; it will reinvigorate your party and shatter the evangelistic grip on the Republican party and the nation.
Answers: 7, 10, 2
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