(Reuters) - A leaked initial draft majority opinion suggests the U.S. Supreme Court will vote to overturn the Roe v. Wade decision that legalized abortion nationwide, Politico reported on Monday.
My guess is a disgruntled justice or clerk is trying to put pressure on the Court. Does anyone doubt that riots at the Court or physical attacks on justices in the majority will happen? But this time, it will be the righteous anger of the people at a misogynistic racist Supreme Court.
As I mentioned a while back, I have long thought the Roe decision may have been the right conclusion by the wrong means. More recently, I checked a claim that Mississippi's abortion law was originally to punish slave women for aborting the valuable property of the masters. In the process I found that Roe's claim that abortion restrictions were late 19th century was utterly false. Every state had an abortion law of some sort before the Civil War. Applying this supposed right to the States through the 14th Amendment just does not fly.
What will this in practice mean? Many States (e g., California, New York, Hawaii and even some Red States, will likely leave abortion lawful, with perhaps a few limiting third trimester abortions, which most Americans agree should be unlawful. Many (Idaho, Texas, the Dakotas) will either ban it or adopt fetal heartbeat laws).
Those who are pro-choice can either riot or do the cheapest and least divisive path: scholarships for women who live in pro-life states to travel to pro-choice States and return home. This should not be a horrible expense; many women may well be able to pay for this themselves; the remaining ones are presumably facing such a horrible decision once. If one such mistake does not get you to demand a condom from your sexual partners, the cost of that carelessness can be paid by those who consider this a core human right. If the pro-choice crowd cannot pay for a few hundred thousand airline tickets and hotel rooms for a night every year, we will find out serious they are about a woman's right to choose.
I expect California will create a state-funded program of scholarships. I do recall when I lived in the Bay Area, leftist whining that 3rd trimester and even 2nd trimester abortions were getting difficult because some hospitals would not do them (those are not trivial clinic procedures) because they could not find nurses willing to participate. Heck, California might make refusing to do abortions into a crime. You know because "choice" is what matters.
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