Republicans and abortion

Earlier this month I discussed the current listening tour by a handful of Republicans as they seek ways to promote the party and to alter their message to reach more supporters. There are many issues both domestic and international where they could improve their approach, especially on issues that are based on morality. With that being said, my first recommendation to the Republicans would be on the issue of abortion.

The landmark ruling in the Roe v. Wade case in 1973 made abortion legal across the nation up till the seventh month. For over three decades, the nation has been caught up in the debate, with groups constantly trying to circumvent or overturn the Courts decision, including amending the Constitution. Unfortunately, their efforts only resulted in the passing of and the Court ruling in favor of Partial-Birth Abortion Ban Act. This act limits the type of abortions performed during the second trimester. However, every election, Republican Presidential candidates are pressed on Roe v. Wade and what they plan to do when they are elected.

There are only two realistic ways that Roe v. Wade will be nullified. The first avenue would be a Supreme Court challenge. Since it was a Court ruling that made abortion legal nationally, a Court ruling can overturn it. Four key Court challenges have failed by just one vote. The second option would be through a Constitutional amendment.

My amendment recommendation would be based on the Tenth Amendment (often tied into the belief of “state’s rights”). The Amendment states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This was the basis of the dissent by Justice Scalia during the case of Planned Parenthood v. Casey in 1992. According to Scalia, Roe v. Wade created national law “by foreclosing all democratic outlet[s].”

Using the current minimum wage laws as an example, the Amendment would take the national minimum position stating abortions will be legal in cases of rape, incest, and threat to the mothers’ life. From there, the individual states could pass their own abortion laws and expand the options for abortion to meet the needs and desires of their residents as needed. That way, Vermont could allow abortions for any reason at local abortion clinics while Idaho sticks to the national minimum, for example. In this model, state’s rights are protected under the Tenth Amendment while the due process and equal protection clauses under the Fourteenth Amendment, clauses referenced in the original Roe v. Wade ruling.

In advertising the proposed Amendment, the pitch would be focused on protecting the rights of both the unborn child and the mother. As the recent Gallup poll shows, 53% of the responders stated that they believe abortion should be legal in some cases. Since instances of rape, incest, and threat to mothers’ life is the generally accepted cases by the majority, the Republicans can lock up a significant portion of the voting public while making the dissenters appear to be on the fringe. Additionally, if this proposed Amendment is passed, abortion would slip out of the national debate and become a state issue, decreasing the need for a moralistic debate on the ethical issues on abortion that often makes for awkward debates.

Related articles:
USA Today – “‘Roe v. Wade’: The divided states of America”
Lufkin Daily News – “Blackburn: Republicans legalized abortion”
Lew Rockwell – “Republicans and Abortion”
San Francisco Chronicle – “Republicans Debate Abortion”