Voting With Feet: How a Return to Constitutional Principles Will Help End the Abortion Controversy

By: Chrissy Kendall

Posted: 11/19/09

"We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One's philosophy, one's experiences, one's exposure to the raw edges of human existence, one's religious training, one's attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one's thinking and conclusions about abortion."1

The above quoted sentiment is expressed in the second paragraph of Justice Blackmum's opinion in the 1973 seminal court case Roe v. Wade. Roe, deemed by some Americans as the Supreme Court's landmark decision to safeguard women's rights and regarded by others as the Court's most dangerous opinion since the Dred Scott decision, is undoubtedly one of the most controversial court decisions to ever come from the bench of the United States Supreme Court. Roe and its progeny have served to foment the intensely emotional political and social commentaries regarding one of the most divisive subjects in history: abortion. Because of its complexities and the emotional responses with which Americans respond to debate of abortion, our judgments have been clouded and our reason obscured and replaced with ardent feelings instead of reasoned logic. But given the numerous venues of American society abortion touches, we can no longer allow emotion to rule the day or the debate. Abortion is spoken of from both the pulpit and the presidential podium, it influences both political and personal decisions, it is used (inappropriately) as a litmus test for dividing the Right from the Left, to have one is an extremely difficult choice to make and to debate it from a logical and reasonable point of view is an extremely difficult feat to accomplish.

In short, abortion is a contentious subject about which it has been extraordinarily difficult, bordering on the impossible, to have a reasonable conversation. The need for such a conversation is urgently needed once we examine the current state of abortion and abortion dialogue in the United States. According to the Guttmacher Institute, a non-profit research and policy institute upon which both pro-choice and pro-life groups rely for statistical information, 1.21 million abortions were performed in 2005 (the most recent year available.)2 Annually, of the women who elect to have an abortion, 47% of them are making the choice for the second time.3 Additionally, where a candidate stands regarding abortion is always a top priority for voters in presidential races, representative races and judicial nominations. There are hundreds of pro-life and pro-choice groups including NARAL (National Abortion and Reproductive Action League), Emily's List, NRLC (National Right to Life Committee), Democrats For Life of America, National Organization for Women and the Pro-Life Action League just to name a few. As evidenced by their catch phrases "life" and "choice", both sides of the issue attempt to build their platforms upon one simple word. However, by siphoning away the complexities that surround the abortion issue, both sides of the debate have only exacerbated the problems involved with the discussion and resolution of the issue.

In order to effect change regarding abortion, the pro-life and pro-choice groups have made loud and occasionally violent demonstrations, lobbied Congress and the court system, marched in parades, handed out pamphlets, made speeches, planned conventions and accomplished nothing. By forcing Americans to choose between the ideals the groups have hijacked, "life" or "choice", both groups are doing an enormous disservice to those who honestly desire to put an end to this debate as well as this practice.

After 30 years it is time to finally address the heart of the issue in Roe. With their decision, the Supreme Court ultimately infringed upon States' rights. Recently, States have re-committed themselves to upholding the words of the Constitution and the ideals of the Founding Fathers by drafting legislation asserting their sovereignty. According to the New Republic of February 23, 2009, 11 states have passed resolutions asserting their 10th Amendment right to be free from Federal Government encroachment. These states include Washington, Mississippi, Michigan, Georgia, Arizona and Texas. The 10th Amendment is the central question decided in Roe; whether or not the States have the right to pass their own abortion restrictions.

So what would happen if the Supreme Court overturned Roe v. Wade? Contrary to what the pro-choice community believes, (and much to the chagrin of the pro-life community), the reversal of the decision would not result in illegal abortions. Rather, this reversal would simply leave the matter to be decided by the States. The result? Americans would vote with their feet. It is well known that states like New York and California have the highest abortion rates in the Union. Therefore, in a similar manner in which people choose their homes based on school systems (suspend the irony for a second), climate and housing prices, Americans would be free to take abortion laws into consideration. Thus, Americans would still have a choice. Concomitantly, pro-life communities could draft their own abortion restrictions without censor from the government.

As an adamant and life-long pro-lifer, it saddens me that merely overturning Roe v. Wade will not end this heinous practice. But it is a tremendous step in the right direction. If this decision were to be officially abrogated, pro-life Americans (which according to a May 2009 Gallup poll is 51%),4 would be given the option to live in a state that does not allow this practice. The ideal of freedom upon which America was built is only justly served through safeguarding this type of choice.

It is time that the States reclaimed their 10th Amendment rights. Overturning Roe v. Wade would just be the beginning for the States to reclaim and re-establish their sovereignty from the Federal Government. By returning this issue to the States to decide, the Supreme Court will lay the foundation upon which the States can rebuild the other freedoms that have been usurped from them. In doing so, the Highest Court in the land would be safeguarding the independence of the American people and ensure that they are able to exercise real choice.