The Supreme Court Kicks an Angry Hornets Nest

After decades of trepidation, the US Supreme Court finally decided to revisit one of its most controversial rulings of all time, the infamous Roe vs. Wade. In what can only be described as a shocking revelation, a leaked document showed that a majority exists to overturn the 1973 ruling¹. Despite the subversive nature of the leak, Justice Samuel Alito recently verified the validity of the leaked document².

So what does mean? Let’s cover some basic facts before diving into the political consequences. First, the court hasn’t officially overturned Roe and likely won’t until sometime in June. However, the 98 page document states:

We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision…
Supreme Court of the United States, 1st Draft, No 19-1392

Once the ruling becomes final, it still doesn’t mean that abortion is illegal. Instead, the court ruling means that the Supreme Court has no jurisdiction to overturn state abortion laws. This effectively moves the question of legality to each state, which aligns with the 10th amendment. When the court originally decided on Roe vs. Wade, they overturned the laws of 30 states that outlawed and/or regulated abortion³.

Summer of Love, Part 2

Just when it looked like the Left was facing total defeat in November, the Supreme Court drop kicked a hornets nest into the mix. Nothing energizes American voters more than cultural issues and abortion is the ultimate wedge issue. I have no doubt that politicians of both major parties will focus on the abortion issue instead of addressing bigger topics, like war, recession, and inflation. I also have no doubt that voter turnout will be much higher than normal for an off-year election.

Elections, however, are a minor issue to consider. The bigger consequence of the eventual ruling are the inevitable protests that will follow. If you thought the BLM riots were disruptive, just wait until this summer. Unlike the race riots of 2020, these protests will surely have counter protests. Just imagine thousands of progressives and thousands of conservatives fighting in the street. There is almost no chance these end peacefully, especially once the police or national guard are called in.

In fact, the government may need to deploy the national guard in Washington all summer, maybe indefinitely. With social media, it is easier than ever to coordinate protests and abortion is a topic that will never go away. One side believes it is a natural right while the other side believes it is literally murder. Culturally and morally speaking, there simply is no middle ground to stand on. I expect cities across the country to have massive protests, riots, and violence as a result of this ruling. It will be especially pronounced in states with laws against abortion that also have large progressive urban areas like Dallas and Atlanta.

Legal Consequences

While many cities burn, state legislators around the nation will also work furiously to define their state’s stance on abortion. Just about every state in the traditional south will pass laws that restrict or outlaw abortions. West coast and northeastern states will also pass laws guaranteeing access to abortions, especially for citizens from other states.

Once illegal, it will be even more interesting to see how the laws are enforced. I am certain that police will be asked to shutdown abortion clinics. Will this also result in violence? Sadly, activists want violence, especially violence from the police. Leftist activists want nothing more than videos of cops beating and arresting women.

You can bet money that abortion clinics in southern states will be the site of numerous confrontations. Let’s just hope the police are prepared for confrontations with crazed activists. If history is any guide, the cops don’t stand a chance. While doing a job most would prefer to avoid, they will be used as pawns to further the Leftist narrative that women are oppressed. Videos taken during these confrontations will circulate around world at lightening speed and will have deep cultural influence on young, undecided Americans.

Constitution Fails Again

Regardless of your take on the debate, it is clear that the Constitution has failed. The progressive Left has always felt it is obsolete and that modern courts should treat it as a “living document”⁴. Of course, a “living document” really means an irrelevant document. Sure, they want the first amendment, but otherwise, it shouldn’t stop progressive laws like abortion rights and nationalized medicine.

Conservatives will incorrectly claim this as a victory for the Constitution. Strictly speaking, overturning Roe vs. Wade is inline with the nature of the original intent of the document. However, what happens when Congress passes a law that guarantees access to abortion for all US citizens? That may seem unlikely now, but wait until this issue motivates America’s youth. Young voters already trend towards abortion rights, and will likely swing hardcore towards universal legalization during the next year of conflicts⁵.

If Congress passes such a law, there is no chance that the Supreme Court overrules it. Just like Justice Alito states, the Constitution says nothing about abortion one way or the other. Therefore, nothing stops congress from passing laws for universal access. And if the courts follow most of their previous rulings, they will not overturn Congress. Instead, they will fallback on the Supremacy Clause and rule in favor of federal laws over state laws⁶.

Federalism at its Best

Simply put, the Constitution is unfit for handling the abortion topic. In today’s political climate, it would be impossible to pass an amendment, which is the proper legal way to address abortion. Unfortunately, the difficulty in amending the constitution is one of its major flaws. However, like I said early, with Congress as the top legislative body in the nation, the abortion issue will surely rage for decades after this ruling goes into effect.

The true irony is that abortion should be handled at the state level. It is too toxic for a one-size-fits-all solution. Federalism is the obvious answer. As the US is currently constructed, it is only solution that accommodates variations across regions. There are deep divides across the nation and nothing highlights this more than abortion⁷. The nation is too big and diverse to live under the thumb of one set of national laws.

Of course, the Founders knew that states were the best place to handle cultural issues. The Tenth Amendment grants the state all powers not explicitly enumerated to the federal government⁸. Unfortunately, the courts mostly ignore the Constitution and frequently allows Congress to overstep its enumerated powers. I think it is safe to assume that the pending ruling settles nothing.

Concordia

When I wrote the book, Concordia, There Must be a Better Way, I did months of research. I wanted to make the book as realistic as possible. Instead of pure fiction, I wrote the book as a counter-factual tale that could conceivably happen in real life. To learn as much as I could, I read numerous books, watched weeks of videos on YouTube, and performed countless internet searches. I love learning, especially about history, culture, people, and places. So for the most part, I enjoyed the work.

However, one chapter in the book was about abortion and doing research for this chapter was terrifying. But like everything else in the book, I wanted this chapter to be realistic, so I persevered. I still have nightmares from some of the videos that I watched while learning about the gruesome procedure. If you want to sleep at night, I highly recommend learning as little as possible about the number of abortions performed or how the act is done.

Oddly, the title of the chapter is Wedding. In it, I juxtaposed the saga of two friends: Maria and Sophia. Both women are affluent, young, and beautiful. In the chapter, Sophia gets married and looks forward to starting a new family. On the other hand, Maria jumps from man to man searching for the perfect party life. Unfortunately, Maria becomes pregnant and flees Chile to get an abortion.

It was by far the most emotionally challenging chapter to write. Many times, my emotions brought me to tears, particularly when writing about the horrifying procedure. And every time I proof read the chapter, I relived my sad thoughts, including visions from those dreadful videos. The backdrop of sadness and tragedy contrasts sharply with Sophia’s joy and happiness when she gets married. However, even she struggled making sense of Maria’s abortion.

Sophia pondered (excerpt from the book):

Satisfied that all the prerequisites were in order, the doctor began the preparations. The whole time Sofia thought to herself. On the verge of being married and looking to start a family, it was incredibly tragic that Maria was the pregnant one. In the natural state of affairs, a young, healthy women should be excited by the news of pregnancy. But instead of living in a state of nature, modern people live in a post-industrial world where women desire to remain youthful and unburdened by childbearing. These thoughts deeply saddened Sofia. She thought of the billions of mothers that came before her that would have done anything to live and raise a family in the comforts of the modern world while so many contemporary women choose not to be mothers. To Sofia, there must be something inherently flawed with modern living. Maybe people were better before technology, better in the sense of fulfilling their purpose in this world.
Continuing her thoughts, she pondered all the leisure time afforded by modern living, yet people were no happier now than in the past. This was true for women and men. The strongest man, the fastest runner, the best hunter, and the most fearsome warrior all used to have a purpose. Now a fat, beer drinking slob did the work of hundreds of the best men by pushing and pulling the knobs on a machine. Philosophers of old had no problem convincing the masses that the afterlife was better than this world. Life was short and harsh, but people took comfort in ultimately meeting their maker in a better place. The modern world rejected the afterlife and God. The only thing that mattered was the here and now. You were destined to be worm food, so during the brief years of your existence, you should consume as much as possible and enjoy a lifetime of entertainment.
Sofia cringed when her mind traveled down these paths. She felt something was missing from modern life, that technology had outpaced the ability to live a meaningful and fulfilling life. It was not that she was unhappy. In fact, it was quite the opposite. Sofia had been on top of the world since Paul’s proposal. She had already started picking out baby names for her future children. Her concerns were for people like Maria who spent their lives chasing the next party and the next man. Wasn’t a couple of years of that lifestyle enough? It was more than enough for Sofia, who was thoroughly ready to advance her life and settle down.
Concordia, There Must be a Better Way

Conclusion

Abortion is an issue that divides Americans. It cuts the political landscape in half, with fanatical supporters on both sides of the aisle. In many cases, it even splits houses and families. However, if Roe vs. Wade is overturned, it will be a step in the correct direction. Not only would it overturn one of the most controversial decisions of all time, but it would also restore some federalism. And if America is to survive in the long run, it must unwind the national government with a renewed focus on federalism.

In the short term, I believe there will be many large protests with incredibly high chances for violence. If at all possible, you should stay far away from cities and these protests. You don’t want to be caught between radical factions as they vie for political attention on the streets.

Finally, I believe Congress will eventually (and foolishly) weigh in on the topic. Even if they fail to pass legislation, they will continue to keep the abortion issue alive in as many election cycles as possible. It is too irresistible for politicians to ignore. They hope to keep the public divided and mad at each other instead of focusing on the government and crony businesses ripping them off.

Personal Aside

Abortion is a topic that I wouldn’t normally spend much time blogging about. It’s not because I am ambivalent or indifferent. I stay away from the topic because I know and respect many smart and genuine people that disagree with my stance on the issue. So for the benefit of all my readers, I tried my hardest to stick to the political implications of the court ruling and not focus on my personal views.

If you read between the lines or buy my book, I’m sure you can figure out my stance, but honestly I don’t want to chase off readers that otherwise enjoy my content. We can disagree on this topic and still be friends. Hopefully, our nation comes to the same conclusion.