Federalism May Offer Abortion Solution

From Radley Balko writing at FOXNews.com:

When the confirmation hearings for Supreme Court nominee Samuel Alito begin in January, much of the debate will focus on the issue of abortion.

Alito has been nominated to replace Sandra Day O'Connor, one of the six justices who reliably voted to uphold Roe v. Wade. It's unfortunate that abortion will dominate so much of the discussion about Alito. It's unlikely that a case offering the opportunity to undo Roe will come before the Supreme Court any time soon, and even if it should, Alito's confirmation would put the unofficial Supreme Court abortion scorecard at 5-4, enough to keep Roe intact. The abortion debate obscures more pressing issues far more likely to come before the Court.

Nevertheless, because abortion will be front and center, I'd like to offer an approach to the issue that will probably elicit reservations on both sides of the debate, but one I think is fair, grounded in the reality of contemporary politics and, most importantly, loyal to the Constitution.

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The best solution is robust federalism. Forgo Roe, and let each state set its own policies on abortion. Those for whom abortion is an important fundamental right can live in areas where abortions are widely available. Those adamantly opposed to any and all abortions can live in jurisdictions that ban the procedure. People like me could live in communities where our tax dollars won't be funding abortions.

Contrary to claims from abortion-rights advocates, overturning Roe wouldn't make abortion illegal. In fact, it wouldn't change much at all. Abortions are already difficult, if not impossible, to obtain in many communities. This is in part because of the restrictions the Supreme Court has allowed states to impose after Roe, but also simply because there are not always doctors willing to perform them. But even under a Roe reversal, states would still be free to make their own laws pertaining to the procedure in ways that align with their own values.

Federalism allows people with divergent beliefs to hold on to those beliefs, but at a minimal cost to those who disagree. In today's mobile society, a politic more amenable to your values and beliefs could be but a tank of gas away.

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My Comments:
I strongly disagree with some of the sentiments expressed in this piece, but I do think the writer is correct that, at least in the short term, Federalism is the best solution to the abortion debate.

The abominable Roe v. Wade and Casey v. Planned Parenthood should be overturned, and the abortion issue returned to the states where the people can have a voice on the matter via their democratically elected representatives.