Quote (excellence @ May 2 2022 10:40pm)
so abortion will now be a state-level issue? people can still fly/drive/walk to the coastal northern states.
Quote (Nibthebarb @ May 2 2022 10:49pm)
Good. The less federal power, the better. I've long maintained that the most humane way to have some semblance of a society amidst the permanent bifurcation America has become is for states to embrace their distinctions more and more, a la Florida leading the pack after which other states will inevitably follow.
Its a state and federal issue. The federal government still has an arguable jurisdiction to overrule the states and pass legislation enshrining abortion as a right, like H.R.3755 last year. It would open up another debate about state vs federal jurisdiction, but if the political will was behind it, it would almost certainly withstand judicial scrutiny. But the will isn't behind it. The senate voted 46-48 when it was brought for cloture, not even enough votes to pass it without the filibuster.
Which brings us to the fundamental issue at stake in this ruling: Roe v Wade circumvented the democratic process to let the judiciary commit an act of lawmaking. They had their good
political reasons, but not their good
legal reasons. The people were always free to vote for representatives and senators to pass legislation at the state and federal levels if pro-choice laws are what they want, and they never did. It is one unelected branch of the government, ostensibly neutral but heavily poisoned by partisanship, assigned by mere luck of the draw, crafting laws. It was never tenable or defensible. They tied the law into a knot and now we're going to see how catastrophic it can be when they unkink it. And there will be a lot of discussions about how much more could have and should have been done to address abortion at the legislative level during the decades the courts had usurped it.