Abortion, State’s Rights, and Why We Should Be Like Kansas

By Dan Griffin

Earlier this week South Carolina Senator, Lindsey Graham introduced Americans to one of the first possible bills to hit the floor of congress following the November midterms. This is assuming that Republicans clean up in the House and Senate as predicted for much of 2022’s calendar year. With some pull back on those predictions as of late due to polling numbers involving a very hot button issue. You guessed it…Abortion. Senator Graham’s proposed bill has to do with that very topic.

To summarize, the bill would ban abortion at the federal level after 15 weeks of pregnancy with exceptions for things like rape, incest, and health dangers for the mother. Among a few other exceptions. 

As I often try to do when it comes to hot button issues like laws surrounding abortion, I tried to take my emotions out of the equation before rendering an opinion on this possibly historic bill. I am generally a progressive, cultural libertarian type when it comes to matters of body autonomy and medicine. So as many of my avid readers and listeners may know, I was not exactly happy about the Dobbs decision to overturn Roe V Wade earlier this year. But after spending more time (than I had ever considered) reviewing the law from the perspective of an “Intellectual Idiot”, I came to the conclusion that though I wished Roe had stayed on the books, I understood that it was constitutionally a pretty flimsy precedent. I was also not willing to let progressive liberals off the hook for failing to codify a law that so many women find to be one of the most important to them.   

With decisions on abortion going back to the states after the Dobbs decision, I wasn’t necessarily happy about it. But I could live with it from a legal perspective. I chose to stay away from the fear mongering about some “Handmade’s Tail” type of Christian dystopia being peddled by the establishment democrats and limousine liberals in order to scare us into voting democrat. A vote that would simply put the democratic establishment into firm power in order to continue the status quo of promising the world and delivering a few blades of dried up crabgrass. 

So what about this bill? What makes sense about it, and what makes me want to bash my head against a fence post? Because believe it or not, this bill provides both.

Let’s start with what makes sense. The biggest thing that makes sense about this bill to me is the 15 week mark. You may ask how, as a progressive cultural libertarian type, how I can possibly believe this makes sense. The reason is based on precedent set by European nations (that folks only like to bring up when it fits their narrative. Things like socialism and climate change). The fact is that the majority of these liberal European nations have set abortion limits ranging from six weeks to 24 weeks, with most sitting between 12 and 18 weeks. It’s that simple. Nations that are widely regarded as “more liberal” than the U.S. have limits that would put us right in the middle. 

But….There are a few things that don’t make sense about this bill. The first is the issue of state’s rights. Something conservatives love to talk about (again…when convenient). The overturning of Roe v Wade gave the states the right to make their own decisions and laws regarding abortion. Great! End of story, right?! 

Wrong! Trying to put a federal ban on abortion regardless of time frame does just the opposite. That’s It. That’s all I have to say on the State’s Rights issue. It should be pretty self explanatory.

The second is the dishonest nature of this bill. While Lindsey Graham and other Republicans that support it may say things like “compromise” and tout the European limits on abortion that I just mentioned…It’s bullshit. If this bill put the abortion debate to bed. If a 15 week ban were just the law of the land and that is the end of our discussion, I’m not sure I or many Americans would be jumping for joy over it. But given the polling numbers on the subject, we’d live with it. Because it would be done. But, we all know it will only be a stepping stone. We all know the religious right will stop at nothing to procure an all out ban on abortion. And Lindsey Graham needs their votes.

To conclude: just leave it. Abortion law has been sent back to the states. The constitution worked in that regard. Now let them figure it out for themselves. With one caveat of course. Do it with ballot initiatives, not lawmakers passing laws that are clearly unpopular with the public. 

I never thought I’d say this, but let’s just all be Kansas. I always knew I’d say this as a native Detroiter…Let’s never be Indiana.

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