What Would Really Happen If Abortion Was Left to the States

My eyes are rolling as I watch the cable channels and hear representatives of the John McCain campaign suggest that, even though McCain has consistently called for the overturn of the Supreme Court's landmark decision in Roe v. Wade, his position simply means that the issue of a woman's right to privacy would go back to the states.

There are so many things wrong with this McCain-generated-campaign spin designed to appeal to moderate voters, so let's break it down in the following ways:

First, in order for the issue to go to the states, Roe would have to be overturned. (Details, details.)

Second, the reversal of Roe would clear the way for a Congress currently dominated by anti-choice politicians to ban abortion and thus override any state laws guaranteeing a woman's right to choose.

Here is a question for you, John McCain (and those of you who support him): In which states should the right to privacy exist and in which states should politicians have control over personal, private medical decisions? This question isn't out of the blue. Here is what we know:

Several states have near-total abortion bans already on the books that will become enforceable if Roe is overturned:

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* 15 states currently have unconstitutional and unenforceable near-total bans on abortion already on the books, either from before Roe (13 states) or in the case of two states (LA and UT) from the early 1990s when they seized on a close vote in the Supreme Court to try to overturn Roe. These bans may become enforceable if Roe falls: AL, AZ, AR, CO, DE, LA, MA, MI, MS, NM, OK, UT, VT, WV, and WI.

Total states where abortion bans will be in effect if Roe v. Wade is overturned = 15

Some other states have "trigger" bans that will take effect if Roe is overturned:

* 4 states have laws that would impose near-total criminal bans on abortion if the Supreme Court overturns Roe v. Wade (sometimes known as "trigger" bans): LA, MS, ND, and SD.

That gives us two additional states not amongst those 15 states (from above) with near-total bans already on the books.

Total states where abortion bans will be in effect if Roe v. Wade is overturned = 17.

Several states have fully anti-choice governors and legislatures that could pass laws outlawing abortion if Roe is overturned:

* 13 states have anti-choice legislatures and governors and would likely outlaw abortion if Roe falls: AL, ID, IN, LA, MS, MO, NE, ND, RI, SD, TX, UT, and WV.

That gives us 6 additional states not amongst those with abortion bans.

Total states where abortion bans will be in effect if Roe v. Wade is overturned = 23.

Therefore, the total number of states where choice is at risk if Roe v. Wade is overturned: 23 states... or 46 percent of all states!

When John McCain, Sarah Palin (who opposes abortion even in cases of rape and incest), other campaign operatives or conservative commentators attempt to soften McCain-Palin's extreme anti-Roe position by implying that overturning Roe is a simple exercise in states' rights, it really means that the right to privacy vanishes for many American women.

Comments

[BAVirago]

If Roe V. Wade is overturned, I (and I'm sure others like me) will find out how to perform safe abortions and will do so.

See "Jane: An Abortion Service" for a group of women who did just that prior to Roe V. Wade.

From a description of the documentary:

"the women of JANE learned to perform illegal abortions themselves. Eventually, the underground collective performed over 12,000 safe, affordable abortions. Word of the illegal alternative was spread through word-of-mouth, cryptic advertisements, and even by members of Chicago's police, clergy, and medical establishment."

[NielsH]

With an overturn of Roe v Wade we would be right back in the so-called baby scoop era, where babies were up for grabs and priced goods for the lucrative market in which the adoption industry operates. The National Council for Adoption, a right winged religious lobby group for the adoption industry, must be thrilled with these proposals.

[robeson]

A better question, what would happen if abortion was left to a McCain/Palin Supreme Court?

McCain, "I do not support Roe versus Wade. It should be overturned," the Arizona senator told about 800 people in South Carolina, one of the early voting states."

There is no doubt that McCain would set back woman's rights for decades with court appointees.

[JinChicago]

the problem w/ this isnt that a majority of the states will be instantly banning abortion, obviously that IS a huge problem but consider this

if abortion becomes illegal, even in case of rape and incest, now you have situations where the following could take place.

Jane has been w/ her boyfriend for two years, things are going great, they have plans to get married etc etc. one night, coming home late, jane is raped. unfortunatly she didnt use the pill or something similar and was impregnated by this criminal. she is not aware of this until a couple months down the road and since abortion is illegal, she must keep the baby.

her now fiance is furious. they didnt plan on having kids yet, let alone raising a criminals spawn with the woman he loves. granted, he still loves his girlfriend, but hes not strong enough to deal with the situation and leaves her. or even worse, think of the poor girl raped by a family member who now must raise a likely special needs child and constantly be reminded of the fact her family is broken, and now so is her future.

this situation could replay all across the country, making MORE SINGLE PARENTS, LESS KIDS WITH FATHERS, MORE WELFARE, MORE OVERCROWDED SCHOOLS, etc etc etc

[ColoradoAngryRU]

It is amazing to me that prolifers are all in favor of having choice about schooling their children but women choosing to control their bodies is verbotten.

[MyThought]

I think you folks better look at the financial endeavors of Cindy McCain........she is financially involved in the destruction of human embryos.

McCain said life begins at inception - well, if he believes that why are the McCains involved with this.

I think you better check this out.

........I am disgusted with the McCains.

[janvier28]

Here are some other possibilities:

1) More secret love children being born to politicians and clergymen.

2) We will have to develop a new underground railroad to Canada for safe abortions.

3) The next item on their agenda will be to shut down condom manufacturers and make condoms illegal.

4) More babies found in dumpsters.

5) Metal coat hanger sales will go up (My great grandmother's choice. Unfortunately, it didn't work and she lived with her guilt that she was responsible for her son not quite being all there mentally among other repercussions.

6) I will become a militant extremist and fight back.

7) Our Country will be even more divided.

...............To be continued later.

[DRaymond]

What will happen if Roe is Overturned?

RU-486 will be smuggled and sold on street corners.
Emergency Room admissions for young women will increase.
Smug legislators and preachers will sing glory glory because there Is NO abortion in their state!

[colleen2]

" the reversal of Roe would clear the way for a Congress currently dominated by anti-choice politicians to ban abortion and thus override any state laws guaranteeing a woman's right to choose."

Thank you for pointing this out. I am so tired of hearing this 'argument' and, also, the equally inane one that says Repuiblicans will never ban abortion because they would then lose such a good wedge issue. as if social conservatives were lacking issues designed to denigrate and cripple women and exacerbate poverty.

[SOFOROBAMA]

I wish someone would tell the PUMA bloggers this. One PUMA will express a concern like this and three others (probably Republican plants) will say "No. That's just Democratic propaganda. Roe v. Wade can't be overturned. It's a right to privacy issue guaranteed by the Constitution."

Any one (male or female) that is pro-choice can not support McCain/Palin.

[TeriMcCarthy]

The right will eventually attempt to ban control over our bodies for all women, because even though they scream states rights, states rights, they will attempt after overturning Roe, to ban birth control, again, then probably to subverting the Constitution by attempting to codify some life amendment that will say life begins at conception, or something like that. In fact one of the questions that should be asked of Sarah Palin are her thought on birth control, and whether or not it should remain legal. Then she needs to be asked about Stem Cell Research, and her belief on what should be done with embryos that are going to be destroyed anyway. You know the list goes on and on and on. But I do want real questions asked of Sarah Palin on these specific issues. They are important to women, all women, but mostly poor women.

[BrighterStar]

The reason Roe should be overturned is because it has no basis in law. A majority of the court simply read into the constitution what they wanted it to say. The states should decide this issue because we are supposed to live in a democracy where voters decide important issues.

[111]

The legality of abortion is a class issue. People of means have always had and will always have access to medical abortions because they can go to other countries.
In the 1960s there was a woman who had taken thalidomide while she was pregnant. Denied an abortion in Arizona, she went to Sweden.
http://news.bbc.co.uk/onthisday/hi/dates/stories/august/26/newsid_3039000/3039322.stm

Prohibiting abortion affects only people with limited funds. That is probably the reason that most Republicans not concerned with keeping Roe v. Wade in place.

[optech007]

Letting the states decide abortion is the true constitutional position. However, if conservatives were honest in their philosophy on this issue they would say that for the same reasons Roe should be overturned, a bill outlawing abortion nationwide would also be unconstitutional.

The only constitutional way to either a complete right to abortion or a nationwide ban on abortion is to amend the Constitution.

[TeriMcCarthy]

So you are saying, there is no right to privacy if you are in a woman's body. Some women disagree with that and for now so does the law of this land.

[RememberTheAlamo]

Hi Donna,

Well-written . . . well-researched.

Letting the states decide is choice . . .

California doesn't want offshore drilling (I'm am there for them)
Alaska wants to drill (I'm there for them)

Texas is pro-life (I'm there for them)
New Jersey likes abortion (Who am I to argue?)

No matter my personal preference and beliefs . . . we never gave the federal government control over these things . . . these are truly state matters . . . returning these matters to the states provides each of us choice . . . as to where to live and the type of culture to experience.

. . . or we need to get 13 of those states you mention, to change their mind so a new amendment can be approved to give the federal government control over these things.

. . . but returning the discretion to the states remains the reasonable path for all.