Wednesday, November 30, 2005

Alito and Abortion

Roger Pilon' s advice to Judge Alito in the Wall Street Journal is quite inciteful. Read it here. I am not very confident in the accuracy of his forecast however:

It would not be the end of the world, therefore, if the court were one day to overturn Roe, for the issue would simply return to the states. A conservative state like Utah might prohibit most abortions, but next door in Nevada we might see a liberal regime. On an issue about which reasonable people can have reasonable differences, that result should not surprise.

While I agree that the matter should be thrown back to the states (as the Constitution requires), I am fairly certain that Congress, dominated by Republicans, most of whom have been overly eager to display their utter disdain for the principles of federalism when their sanctimonious morals are invovled (see Terri Schiavo, Raich, MLB steroid hearings, etc, etc...), would waste little time in in making abortion a federal crime. Indeed, how many seconds do you suppose pass between the overturning of Roe and the inevitable announcement of a federal "War on Abortions?" It is a shame that our fair-weather-federalist friends only invoke Constitutional limitations on federal power when those limits coincide with their respective policy preferences. And that is the sole reason that so many people reluctantly support the Roe status quo.