Overturning Roe v. Wade

All,

The subject line of this email has generally seemed to most Americans, on both sides of the aisle, an improbability comparable to a meteor hitting the earth. Sure, in theory this is a possible occurrence. Sure, if it happened it would be catastrophic for all. Supporters (following the metaphor, religious doomsday-ers) would herald the coming as that which they long awaited. The rest of the world (following the metaphor, the sane) would freak out in anger, confusion, terror, etc.

Back in 2000 and 2004, only liberals of the farthest extreme shrieked about this as a real possibility. Citing the president’s professed beliefs, citing the ageing court, they warned that this president could stack the court with anti-abortion judges. Most dismissed this, saying that Roe v. Wade was not in danger.

The Senate of South Dakota just passed a law by a margin of 2 to 1 that almost all abortions are illegal. They disallowed even cases of incest and rape, only allowing exceptions when the mother’s life is at risk. The penalty for performing an abortion is 5 years, and it is a felony. The law has been sent to the House, where it is expected to pass.

Of course the law is unconstitutional, according to Supreme Court precedent. Of course the ACLU, Planned Parenthood (et al) have made it known that they will challenge the law. The frightening part: that’s exactly what those who sponsored the law are hoping for.

“Bartling [main sponsor of the bill] and other supporters noted that the recent appointment of Justices John Roberts and Samuel Alito make the Supreme Court more likely to consider overturning Roe v. Wade. President Bush, a Republican and an abortion foe, might also have a chance to appoint a third justice in the next few years, they said,” (CNN).

Amazing confidence and audacity to admit outright that you hope the law will be challenged, that you hope your own state legislature will bring about a binding about-face in national jurisprudence, that you can change a question of a woman’s inalienable right into a felony. Amazing.

So much for the improbable.

-W.