What a post-Roe America would really look like

· July 10, 2018  
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March for Life 2018
Eva Hambach | Getty Images

Are you ready to overturn Roe v. Wade, folks?

Yes, Trump has finally, formally announced his pick to replace Justice Kennedy on the Supreme Court, and we are now just one ruling away from complete enslavement of the female sex. This will be accomplished by the overturning of Roe v. Wade, which will in turn criminalize abortion throughout all 50 states, U.S. federal territories, and a handful of Canadian border towns.

At least, that’s what the pro-Roe propaganda from the abortion lobby sounds like. The reality is much tamer.

There seems to be this flawed understanding that all abortions everywhere will become 100 percent illegal without exception the moment that the 1973 ruling is ever overturned. This grossly misunderstands both the ruling itself and the originalist and pro-life objections to it.

Let’s just conduct a little thought experiment and look at what a post-Roe world would look like.

It’s almost impossible to imagine the kind of case that would generate a reversal of the precedent or what other sorts of extra jurisprudential “goodies” might end up crammed into such a ruling, so we’ll just assume that a case comes up through the appeals process and gets to SCOTUS, and the new majority rules 5-4 against the Roe precedent and does nothing more or less.

This would not make abortion illegal anywhere. Instead, this would give the states back their Tenth Amendment power to create abortion laws as they see fit – those that match the will of their own particular electorates.

Roe placed a prohibition on how much states themselves could regulate abortion by manufacturing a new constitutional “right” to end a pregnancy. Were the precedent itself to instantly disappear the moment Brett Kavanaugh’s swearing-in ceremony ended, the legality of abortion at the federal level would not change, but the issue would instead return primarily to the states.

So should this ever happen, folks on both sides of the debate will have to to engage with each other and the undecided. They will have to hold rallies, knock on doors, talk to their representatives, and try to persuade people of their opinions.

This would mean that all these women currently shouting their abortions and holding “bleed-ins” for taxpayer-funded feminine products would actually have to walk up to their fellow citizens (some of whom might even be wearing one of those deeply triggering MAGA hats or holding one of those women-oppressing rosaries) and try to change their minds about state-level abortion laws. The horror!

There will still be deep blue states that will probably take pride in their status as sanctuary jurisdictions for killing the unborn and might even put together some taxpayer-funded welcome packages for abortion-minded women just to throw up a child-killing middle finger. Who knows, Michelle Wolf might take that ghoulish new act of hers on the road. It’s all so very predictable at this point.

This is called living in a republic with people who don’t agree with you. It takes persistence and maturity. One wonders if, deep down, that’s what a lot of these folks are really afraid of.


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Author: Nate Madden

Nate Madden is CRTV’s congressional correspondent. Follow him @NateMaddenCRTV or send tips to [email protected].