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Thursday, August 18, 2005
Larry Elder :: Townhall.com Columnist
After Roe v. Wade, then what?
by Larry Elder
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Who won Tuesday's presidential debate?


If the Supreme Court overturns Roe v. Wade, what happens?

 Sen. John McCain, R-Ariz., seemed clueless on the issue. "Meet the Press's" Tim Russert flummoxed the senator when Russert asked, "What would happen if Roe v. Wade was overturned?" McCain's response? "I don't know. I don't know what would happen because I don't think it's going to be."

 Russert asked, "You don't?"

 McCain replied, "No, I don't think it is, at least not any time soon given the tenor of politics in America and the courts in America."

 McCain "doesn't know"?

 Almost two months following McCain's "Meet the Press" appearance, Russert discussed the Roberts nomination with former Gov. Mario Cuomo, D-N.Y., among others. On the issue of abortion, Russert quoted Justice Antonin Scalia. Russert said, "[Scalia's quote] may surprise some people. . . . 'If a state were to permit abortion on demand, I would and could in good conscience vote against an attempt to invalidate that law. . . . I have religious views on the subject, but they have nothing whatever to do with my job.'" Note Russert's assertion that this "may surprise some people."

 This "surprises some people" because leftists in academia, mainstream media and Hollywood confuse people on the issue. Roe did not legalize abortion. Rather, the Court discovered a "right to privacy" -- nowhere mentioned in the Constitution.

 Consider a recent article in The Los Angeles Times. On the issue of the nomination of John Roberts to become a Supreme Court justice, the Times reporter wrote: "The president of the National Organization for Women [NOW], Kim Gandy, warned that of the high court candidates considered by Bush, Roberts was one of the most extreme when it came to the question of overturning the Roe v. Wade ruling, which legalized abortion [emphasis added]." Legalized abortion?

 Our Founding Fathers restricted the duties, powers and obligations of the federal government, leaving the remainder to the people and to the states themselves. This includes abortion.

 In 1971, nearly two years before Roe v. Wade, the U.S. Supreme Court ruled on United States v. Vuitch, their first case involving abortion. It upheld a District of Columbia law permitting abortion only to preserve a woman's life or "health." The Court, however, generously defined "health" to include "psychological and physical well-being." This effectively allowed abortion for virtually any reason.

 In 1972, the year before Roe v. Wade, 13 states -- including Colorado, California, Oregon and North Carolina -- allowed abortion for reasons including the mother's mental or physical health, rape and incest, and fetal deformity. New York allowed abortion on demand up to the 24th week of pregnancy, with similar laws in Alaska, Hawaii and Washington. Mississippi allowed abortion for rape and incest, while Alabama allowed abortion for the mother's physical health. Thirty-one states allowed abortion only to save the mother's life. Continued...

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About The Author
Larry Elder is host of the Larry Elder Show on talk radio and author of Showdown : Confronting Bias, Lies, and the Special Interests That Divide America .
 
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