Saturday, April 9, 2022

A Splintering Policy

Following Roe v. Wade in 1973, it appeared that the federal government had mostly taken over abortion law. Now nearly 50 years later, the conservative majority in the SCOTUS has raised hopes in various states that local control might be back in style if, as anticipated in some quarters, Roe v. Wade is overturned.

Emblematic of these hopes are new laws in Colorado and neighboring Oklahoma that go in diametrically opposite directions. A RealClearPolitics article describes Colorado’s new abortion law as the most liberal in the nation, basically making all prebirth abortions, done for any reason, legal. 

At roughly the same time Oklahoma passed an extremely restrictive law which permits abortion only to save the life of the mother. Effectively resulting in a total ban.

California has already announced it will position itself as a destination for “abortion tourism” and several other states have indicated an interest is similar policies. Another half dozen or so states have indicated that, absent Roe, they will do what OK did and ban the procedure. 

One can imagine that, should Roe v. Wade be struck down, we can end up with an absolute patchwork of different abortion regulations.  It will be interesting to see what the various “laboratories of democracy” come up with if abortion becomes something no longer controlled by federal law.

Later ... For another "take" on this issue, see what msn.com reports on how Michigan is trying to find the Roe reasoning in its state constitution.