The overturning of Roe vs. Wade has been seen as an inevitability by legal experts. It was, primarily, an example of activism within the judiciary rather than a genuine interpretation of the Constitution.
Instead of leaving one of civilization’s most difficult moral questions up to the people in each American State, Democrats attempted to force the issue – circumnavigating the normal democratic process with the equivalent of a legal band-aid.
Sure, like most quick fixes, it stuck for a while, but the problem with band-aids is that they work fine if you’re sitting quietly, but the moment you enter another battle they quickly fall off. Democrats are to blame for this as well. Instead of leaving the topic of abortion alone, so-called ‘feminist’ activists (I use that term loosely given they refuse to define a ‘woman’) decided to pick at the cultural wound.
While a majority of women in the West accept ‘early, safe, rare, and legal’ when it comes to abortion, almost no one supports the fringe Democrats in their mission to legalize late-term abortion and post-birth abortion (leaving a baby independent of the mother to die).
Introducing this condition to the already shaky peace tolerated by the majority gave momentum to previously fringe Pro-Life protesters. These protesters did not have to convince a majority of American women that abortion should be banned outright (and it is doubtful that they are anywhere near this goal), all they had to do was convince the Supreme Court and its newly appointed conservative judges that Roe vs. Wade could be overturned.
Had the Democrats kept quiet and said nothing about abortion, it is highly unlikely the Supreme Court judges would have taken this course of action. While the law was always on their side, public opinion was not. This is crucial. Law means nothing if the majority refuse to obey. We saw this in Covid where mass non-compliance in Western nations began to make a mockery of public policy.
The States will have to act fast to offer their citizens a say in the question of abortion, or the Culture Wars could turn into a genuine mess – or worse – women’s rights could be corporatized by big business. Abortion is not one of those easy cultural topics that people will forget about, shrug their shoulders, and wait until the next election. It is a contentious, ever-present issue for women. The gaining of female rights over reproduction is historically new, and it is clear to outside observers that the hissing and scratching from Democrats and Republicans leaning into extreme positions has created a genuine ideological nightmare for ordinary women.
Many conservatives, especially the devout, will want women to obey laws restricting abortion (in States that have them), but the truth is that trigger laws have not been agreed upon by the current citizens of those States – and nor was there any expectation that they would ever become active. Given that not even the most barbaric Islamic theocracy can force a woman’s hand on this issue, it would be sensible for these States to at least ask citizens what they think. The same is true of Blue States, who should also do their due diligence. Maybe they’re both afraid of the answer?
Either way, Roe vs. Wade serves as a lesson to those who attempt to short-cut democracy – especially when there was no need for it given that the rest of the West managed it democratically.