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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Democrats and their codified complacency

By: Corey Walsh

“My body, my choice” has long been a mantra and just a short six months ago was adopted by the right regarding government overreach on what an individual citizen of these United States can do with his or her body. I was exuberant I thought we were really getting somewhere. “You see what an ever encroaching government can do?” “You see how fast the tables can turn?” Were questions I had for my conservative friends, I thought we were really progressing personal liberties in our country. That is until “The Leak” regarding  Roe V. Wade. A lingering unfinished, only settled issue that has divided our country for almost fifty years. For people my age it’s been the precedent our entire lives that the Court ruled the Constitution of the United States protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction. The fact that this is so arbitrary that the rights of 100 million women can just be taken away by the stroke of a pen, one ruling, makes you question the whole system we’ve grown up knowing. How? How does this happen? How does fifty year old precedent get thrusted into the spotlight just to be kneecapped in what appears to be an overnight flip of a switch? The answer isn’t one you want to hear, but precedent isn’t law, but more of a reference in judgments. Roe didn’t codify anything but instead set precedent that abortion is a right guaranteed by our constitution, based on interpretation of the law already written. The constitution which is considered both a living and dead document depending on which ideological bender one is on that day was interpreted in the 70’s under the 14th amendment, specifically the due process clause in said amendment that a “right to privacy” protects a pregnant woman’s right to choose whether or not to have an abortion. 

As someone who takes the constitution and the well thought out amendments that dwell inside the carefully considered document that promises our intrinsic rights very seriously, the “right to privacy” should be one of the least controversial rights promised to us. This goes for overbearing bureaucracy  like the NSA or decisions made between a doctor and their patient, regardless of age, sex, or gender. In saying this I know that our supreme court might interpret things differently through time as we have different biases, ideologies, and life experiences that influence the judgments of the highest court. And I am completely ok with that, what courts once thought was protected by the constitution like slavery, segregation, ban on gay marriage, changed over time as we as a nation grew together. It’s the courts themselves that have this progressive power to the betterment of “we the people”. The flip side of this is when there is a concerted effort promulgated by personal ideologies entrenched in subjective morals based on ones own beliefs with no regards for a fellows citizens personal liberties promised by our bill of rights we see tumultuous flip flops that causes the justified outrage of the targeted groups who’s lives are being directly affected. 

So, how does this happen? What we’re seeing today is the culmination of roughly fifty years of tactical moves by the republicans. While the democrats focused their efforts on expanding the federal government at the national level, the republicans spent their time working on the states and local seats. Focusing on candidates that would appoint judges up and down the ladder from circuit to federal positions. Which based on this leaked opinion seems to have paid off. Remember, the constitution Ive mentioned countless times in this piece also promises the states an exorbitant amount of power under amendment 10. States rights, which also can be argued as both a very good or bad thing based on what the argument and your interpretation of our laws is in any given scenario. So as the dems expanded the fed with countless bureaucratic departments the GOP was behind the scenes biding their time, roughly fifty years, to strike. It takes 38 states to ratify an amendment and the Republicans know that and have had all the time in the world to lay a foundation for that path. 

But this is something we knew, the Republicans didn’t exactly hide this strategy. Where were the democrats? These bastards have had majorities some considered super that had the power to codify the rights of women. Why didn’t they? Why haven’t the dems who love federal power codify a law that would’ve been supported by an until very recently liberal leaning supreme court, make a law to protect body autonomy? Why did they let this slip through the cracks only to feign shock when the GOPs plans came to fruition? I thought they could walk and chew gum at the same time? 

My take? They didn’t want to, they could string voters along for roughly fifty years with the threat of Roe being struck down. “Gotta get out the vote to protect women rights” “vote blue no matter who!” Yea? How’s that working for us? While they sat idly by in apathy they saw the other side of the isle working over time and didn’t do anything other than introduce bills they know wouldn’t pass intentionally to stir up the base. 

Ultimately what these types of rulings, laws, opinions from our “leaders” tell me is that daddy government thinks you, and I are too dumb to make decisions about our own bodies and what we believe is what’s best for ourselves. Data backs this up, as sex education becomes less stigmatized, and contraceptives become more effective we’ve seen a trend of abortions going down for the last thirty years. Personally I Believe with all my heart that women aren’t idiots, that they don’t need men or other women for that matter telling them what’s best for them, and that they can make personal informed decisions based on their unique circumstance for themselves without an overbearing government telling them what they can and can’t do. “My body, my choice.”

Libservative is a weekly podcast found on all your favorite podcast platforms, be sure to join in on the conversation by following our social media platforms now! 

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