Liberal Recognizes Flaws in Roe v. Wade

If Roe v. Wade were overturned and states were left to their own devices, most would permit abortions of some type, particularly in the first trimester. Later-term abortions would be more regulated and minors would probably have to obtain the consent of a responsible adult (parent, guardian, or judge) to obtain an abortion. There are some states that would be far more restrictive. Under such a change, pro-abortion groups could devote their resources to providing transportation for women in states with restrictive abortion laws to travel to states where abortion is liberalized.

The first and primary question about abortion, the status of the fetus, has not been debated. The arbitrary decision in Roe v. Wade suspended substantive debate on the core issue of the status of a fetus and focused the public on Constitutional arguments and on extraordinary efforts to influence the selection of federal judges. The past thirty years could have been spent in a serious national debate conducted state-by-state, a thoroughly deliberative process. Instead, we have acrimony and a damaged Constitutional jurisprudence. With the prospect of a Court tilted to the Right, the Left is now beginning to appreciate that it will have to appeal to the public and will not be able to foist a decision upon them.

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