There were two very good articles on the South Dakota abortion law this weekend: the first of which comes from columnist Steve Chapman:
For 33 years, opponents of abortion have followed the advice of St. Vincent de Paul, who said that if you must hurry, “hasten slowly.” Ever since the Supreme Court made abortion on demand the law of the land, pro-lifers have worked tirelessly to move the court and the country toward allowing greater protection for the unborn.
But today, some people in the anti-abortion movement are running low on patience. They are hastening quickly, oblivious to the risks to those they want to protect.
The people responsible for this bill did not consider what the ramifications would be. This was a horrendously rash decision that was not thought through at all – and the ultimate effect of this bill will be to ensure that abortion remains legal. Anyone who seriously believes that this bill will be a stake through the heart of Roe simply isn’t thinking rationally. As Chapman explains:
Assuming that Alito and Roberts would jump at the chance to scrap Roe, that still leaves five of the nine justices in favor of preserving abortion rights. If the court were to hear this case tomorrow, the chance that the law would survive can be calculated with depressing precision: zero.
The law also runs the risk of demanding too much of the two new members. Both are conservatives, and both have stressed their due respect for precedent. There are steps a justice might be willing to take after a few years on the court that he might not be willing to take right away. One of those is chucking a major decision that has been on the books for a generation.
The bill’s sponsor says he sees a “strong possibility” that John Paul Stevens will leave the court soon, to be succeeded by an anti-Roe justice. But that’s not counting chickens before they’re hatched — it’s counting them before the eggs are even laid.
The idea that Roe is going to be overturned by this court would require another justice to change their mind about Roe – which doesn’t seem likely. Furthermore, that assumes that the Supreme Court will even grant certiorari in this case – which is certainly not guaranteed. The chances of the sponsors of this bill getting what they want are not just imperceptably small – they’re zero. This bill won’t overturn Roe. It certainly won’t end abortion. What it will do is make the debate even more vitriolic than before and force the pro-life side to either repudiate part of itself or defend a bill that does not even make exception in the cases of incest or rape. That is not a tenable position, and those responsible for the bill have done more to aid the practice of abortion than nearly anyone.
Thomas Bray also considers the need for prudence:
Impatience also could jeopardize the solid progress – abortion declined nationally by 17 percent in the 1990s, and by up to half in states like Michigan between 1987 and 2003, it has been estimated –that anti-abortion forces have made by gradually de-legitimizing abortion while chipping away at Roe. This might be a good time for conservatives to choose prudence over Utopianism.
Bray is quite right. The South Dakota bill and the others like it are incredibly imprudent pieces of legislation. Even if Roe were repealed, abortions would still be endemic in this country. How many lives would truly be saved if Roe were repealed? New York and California represent the largest share of abortions in the country, and neither state would be particularly likely to ban the procedure any time soon. The only way to truly reduce the number of abortions nationwide is not to change the law but change the culture. That had slowly been happening as technology allowed women to see a fetus not as some “tissue mass” but as a person in its own right. Now, because of this imprudent and ill-considered move by the legislature of South Dakota, those cultural shifts will be washed away in a tide of political rancor.