Recently, the United States Supreme Court weighed in on an abortion law out of Indiana, upholding part of it and refusing to hear argument on the “race selection” aspect of the law. Justice Clarence Thomas, who may go down in history as one of the most steadfast defenders of the Constitution without a spoken word in oral argument, agreed that the law was not appropriate for confronting Roe vs. Wade. But, his written opinion in a per curium decision was a stark reminder and warning: that day may soon be coming.
It is questionable whether there are the necessary votes on the Court right now to overturn Roe. We, on the pro-life side, cannot count on John Roberts to jettison stare decisis if he was unwilling to overturn an obviously unconstitutional law like Obamacare. Even if that day does not come, the Left knows they are a slip-and-fall away by Ruth Bader Ginsburg from certain defeat. One more cracked rib, one more cancer scare is all it takes for the Left to spasm with fear, and rightfully so.
If Roe gets tossed to the curb, the abortion battle will revert back to the states. Almost a third of states have abortion codified in their state constitutions. In California, for example, abortion is almost their official state recreational activity, with New York not far behind. These are not where the battles will be fought. Without Roe to protect them, the battles will be fought instead in swing and red states. It will be a long, hard fought and costly fight.
It is a fight the Left is ill-prepared to fight. Every decade or so, they have had to trot out the dire warnings whenever some Republican nominated someone to the Supreme Court. Occasionally, some Christians would show up outside an abortion clinic and pray peacefully. Even that action some could not handle. But when was the last time they had to really fight a battle to keep abortion legal? True, there have been skirmishes along the way- things like late term abortion, parental notification, or public funding- but not the whole thing. The pro-choice crowd knew full well that the actions of any state legislature, voters or a Governor were NOT going to change things because there was always Roe there to protect them.
Most of the pro-choice’s arguments over the past 40 years have been nothing but hysteria- talk of back alley abortions, bleeding-to-death pregnant teenagers, and something about chattel slavery. Abortion itself was never in jeopardy and the pro-choice proponents knew full well. All the hysteria was designed to raise funds and to oppose some Republicans along the way. They intended to make one believe the end was near when they knew it wasn’t. So the donors wrote checks, some scared voters would vote Democrat, a feminist Hollywood D-List actress would send out a Tweet and they thought they were in a real battle. Meanwhile, pro-lifers have been in the trenches working in state legislatures crafting laws and initiatives. Pro-choicers have been slacking off knowing that Roe had their back.
Instead, they will have to fight the battle state by state and in some very unfriendly territory. Although they have skilled lawyers on their side, they are of use only in a courtroom, not the legislatures of red states, and certainly not in hearts and minds of voters. Equally important, they will have to start spending some of that death slush fund on costly campaigns in many states. And for the past four decades, the pro-choice side has had the lapdog media on their side. Having the press do your talking for you further weakens them for the battle to come.
The fact is that voters and legislators in red states do not really read, let alone care what is printed in the New York Times. They don’t care about CNN, PBS, or NPR broadcasts. They don’t consult Slate, DailyKos, or Salon for their opinions. And this should scare the pro-choice crowd.
Instead of going for the hearts and minds of legislators and voters in the states where this battle will be fought, expect the Left to give a huge middle finger since they really don’t care about the opinion or thoughts of the deplorable, unenlightened rubes who live in red states. Expect boycotts, threats and intimidation. They will pressure companies to be “socially responsible” and move their operations out of these states. They will target the tourist and convention industries. The Right must be prepared for this likelihood. Also expect a concerted effort to silence the pro-life movement on social media. Want to make a bet that at some point being against abortion will be considered “hate speech?”
Because they cannot cogently argue their position and since their lap dogs will be of little use, they will resort to these tactics. It is what any spoiled brat does. When put in their place, they cannot go running to the shelter of the nearest friendly federal court invoking Roe. They will instead run to the Zuckerbergs and Dorseys to silence the opposition because some meme offended them. They will cry to CNN and the Daily Beast.
Despite the advantages of the pro-life movement, it would be foolish to let down our guard. Running on nothing but emotion, the other side will lash out. A cornered animal can be the most dangerous. As we have seen, they will use every weapon in their arsenal- protests, lies, deceit, boycotts, censorship, showing up at the homes of those they oppose, etc.
Once again, it is a big IF whether the Supreme Court will take a case that directly questions whether Roe should be overturned. Roberts seems afraid to take any case involving abortion, let alone one that directly confronts Roe. The Chief Justice has delivered the key deciding fifth vote in some cases in favor of conservatives. However, something tells this writer that to Roberts, overturning Roe may be a bridge too far.