Laura Vanderkam:
I think the correct anti Roe position right now is to say that abortion should be an issue decided and regulated through the state legislatures. It is a political issue that should be decided by political and not judicial means.On both sides, people talk broadly about wanting to know Roberts' views because the next judge will shape the "direction" of the country, but let's not mince words. Most of this angst is about one issue: abortion. Liberal groups are terrified that Roberts will bring the court one vote closer to overturning Roe v. Wade, the 1973 ruling that overturned state laws banning abortion. Pro-life groups hope, fervently, that he will.
I don't know whether the Supreme Court, with Roberts, will overturn Roe. I do know it won't matter much if it does.
You see, for all the rights rhetoric, abortion is not an abstract concept. It's a medical procedure requiring a doctor willing to perform it. In states where abortion is frowned upon — the states likely to ban abortion if Roe is overturned — abortion providers are already more rare than purple Volkswagen Beetles. Most abortion providers, understandably, prefer to practice in states where people support them, i.e., states where abortion won't be banned.
This reality means that however much energy is spent on Supreme Court nominee battles, a Roe reversal wouldn't change the country's total number of abortion providers much. In fact, a year after Roe is overturned, it would be the rare woman who would notice any difference in her life at all.
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