This is a debate that should — and now will — revert to the people and their elected officials. It’s going to be a bumpy ride for the next few years as states sort this out, but ultimately we’ll settle on a collection of abortion laws that represent the will of the people, not the will of a committee of lawyers with lifetime appointments.
Honest legislative victories and honest legislative defeats will leave both sides of this debate in a better place than has judicial fiat.
I'm not so sure about this specific part of your post:
“If you think it’s polarized now, you haven’t seen anything yet,” said Mary Ziegler, a visiting professor at Harvard Law School and author of the forthcoming book “Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment.”
Very soon, if the Supreme Court really discards Roe and Planned Parenthood v. Casey, the 1992 decision partly upholding it, we will have two wildly different abortion regimes in this country. About half of states are expected to mostly prohibit abortion; according to the Guttmacher Institute, in 11 states there won’t even be exemptions for rape and incest. A bill moving through the Louisiana Legislature would allow prosecutors to charge those having abortions
with homicide.
Blue states, meanwhile, are setting themselves as abortion sanctuaries. Oregon lawmakers recently passed a bill to create a $15 million fund to help cover abortion costs, including for those traveling to the state for the procedure. Something similar is in the works in California. Abortion clinics in Illinois, bordered by several states where abortion is likely to be made illegal, are preparing for a
huge influx of patients.
The right won’t be content to watch liberal states try to undermine abortion bans. As the draft of a
forthcoming article in The Columbia Law Review puts it, “overturning Roe and Casey will create a novel world of complicated, interjurisdictional legal conflicts over abortion. Instead of creating stability and certainty, it will lead to profound confusion because advocates on all sides of the abortion controversy will not stop at state borders in their efforts to apply their policies as broadly as possible.”
Already, a Missouri lawmaker introduced a measure that would let private citizens sue anyone who helps a Missouri resident get an out-of-state abortion. More such proposals will probably follow. Under a
Texas law passed last year, people in other states sending abortion pills through the mail to Texas residents could be extradited to face felony charges, though the authorities in liberal states are unlikely to cooperate.
In anticipation of such legislation, Connecticut just
passed a law meant to shield doctors and patients. Among other things, it ensures that no one can be extradited to another state for performing or obtaining an abortion that’s legal in Connecticut, and ensures that people sued under a law like the one proposed in Missouri could countersue to recover their costs.
Experts don’t know how these kinds of interstate battles are going to play out because there’s so little precedent for them. If you’re searching for close parallels, said Ziegler, “you’re looking at fugitive slave cases, because there are not many times in history when states are trying to tell other states what to do in this way.” The point is not that abortion bans are comparable to slavery in a moral sense, but that they create potentially irreconcilable legal frameworks.
You think we hate each other now? Just wait.
www.nytimes.com