The View from Right Field

When the Dog Actually Catches the Bus. Republicans on Obamacare, Roe v. Wade, and Now 2023

It’s an old joke: Dogs are always chasing buses (among other things).  But do they have any idea what they would do if they actually caught it?

Which is what happened to Republicans on both Obamacare and Roe v. Wade.¹  After Obamacare passed, the Republicans had a clear position on what they would do if they got back in power: Repeal it.  It was simple, and the House, which flipped to the Republicans in the 2010 election, voted to repeal Obamacare a number of times.  Of course, it was easy to do.  Until the 2014 election, the Democrats still controlled the Senate, so no repeal passed by the House would ever become law and it didn’t matter much about the details.

Overturning Roe v. Wade – And a Call for the Great Middle of America to Take the Issue Back

In September of 2018, I wrote a post about Roe v. Wade and the possibility that it might be overturned.  (It was the time of the confirmation hearings for Brett Kavanaugh.)  At that time, I said this:

“What people don’t understand in the debate over a woman’s right to choose is that we are not evenly divided between those who support a woman’s right to choose and those who oppose abortion.  Actually, views on abortion are divided among four groups: (i) those who oppose a woman’s right to choose under virtually any circumstances; (ii) those who want abortion available virtually without restriction; (iii) those who would allow it in some situations; and (iv) those who allow it in many circumstances. 

Right to Choose; Right to Life. Again.

The big deal in Washington on Wednesday, in addition to Covid, was the Supreme Court argument in Dobbs v. Jackson Women’s Health Organization, the case involving the Mississippi law generally prohibiting abortion after fifteen weeks.  Among others things, the question in the case is whether Roe v. Wade (1973), along with Planned Parenthood v. Casey (1992), should be overturned.

I had several thoughts.  I’m going to just list them, maybe not in the right order, but as I think of them.

1. First, I think Roe v. Wade is a poor decision from a legal reasoning point of view. The Court created the three-trimester test out of thin air. It didn’t really justify it; it just stated it.  Without commenting on whether abortion ought to be legal, Roe v. Wade is just poorly done.

Brett Kavanaugh, the Supreme Court, and Roe v. Wade

With the hearings on Judge Brett Kavanaugh’s nomination to the Supreme Court starting,¹ one of the questions will be about women’s right to choose/abortion.  Will a Justice Brett Kavanaugh vote to take away a woman’s right to choose by overturning Roe v. Wade?  While Judge Kavanaugh told Senator Susan Collins that Roe v. Wade was settled law, settled law can be overturned. 

What people are missing, however, in talking about whether the Supreme Court might overturn Roe v. Wade, is that overturning Roe v. Wade is not going to take away a woman’s right to choose.  The Equal Rights Amendment was never adopted, but over the last 30+ years all, or at least almost all, of what the Equal Rights Amendment was supposed to accomplish has happened anyway.  It has been done by laws, regulations, and the general agreement of society.  Women are heads of Fortune 500 companies.  Female soldiers are going into combat as members of our military.  Women are as equal today as they would have been if the Equal Rights Amendment had been adopted 35 years ago.