We have been fighting the never-ending abortion war for 45 years.
The Supreme Court made abortion legal in 1973 with the Roe V. Wade decision. This was one of the rulings declaring to the world the Supreme Court had decided to enter the business of making law rather than just determining the constitutionality of law, the original charter.
One cannot find anywhere in the Constitution a clause giving the Supreme Court legislative powers. Allowing the court to legislate is what happens when you claim the Constitution is a ‘living thing,’ rather than a settled legal document. In so doing you drift away from absolute foundational principles and create an “anything goes” culture leading to anarchy. Not long ago the Supreme Court legalized same-sex marriage, telling the world it has supreme power over Deity in determining the definition of marriage.
So, on the eve of nominating then confirming a new Supreme Court Associate Justice, media chatter centers on condemning the likely outcome: the President nominates an originalist who tips the balance in favor of overturning Roe v. Wade. As is usual, the hysterics involved in whipping up the frenzy ignore what might happen if Roe V. Wade is overturned. It is simply assumed to overturn the ruling is to commit the unforgivable sin
Will overturning Roe v. Wade make abortion illegal? No. Roe v. Wade struck down all laws banning abortion, calling them unconstitutional as an invasion of a ‘right to privacy,’ a right up to that time not articulated elsewhere, one presumably invented to allow for the ruling. Overturning Roe v. Wade will simply leave the matter up to the states. States’ rights—one of the pillars of liberty thanks to the Constitution—preceded contemporary movements declaring the virtues of diversity, and freedom. Only tyrants with an agenda oppose limits on the federal government and the constitutional preference for states’ rights.
Parties interested in imposing their will nationally despite the Constitution have no interest in real diversity and freedom. Rather, they are focused on narrow self-interest, and top-down federal control.
Thus, abortion is already the litmus test for any nominee to the court. Democrats, and some ‘moderate’ Republicans, will interrogate the nominee during the inquisition hearings, raking the nominee over the coals to goad him or her to confess to the sin of being an anti-woman, pro-life, chauvinistic bigot. In the hearings:
The merciless butchery will be ignored.
The Constitution will be ignored.
The People will be ignored.