ALEC in the Boston Herald: What happens if abortion debate is shifted to states
The leaked draft Supreme Court opinion in the Dobbs v. Jackson Women’s Health case gives hope to those who believe in the humanity of every person, including those yet to be born. It also gives hope to state lawmakers and Americans across the country. If the Supreme Court follows through with the arguments presented in the brief, a long-overdue statewide discussion on protecting life will happen.
Let’s start with the obvious: The leaked opinion is a draft and is not the Supreme Court’s final opinion. The draft has likely changed, as Justice Samuel Alito has probably received feedback from other justices. Because the leaked opinion is a draft, we don’t know what the current draft says right now.
Assuming the key holdings in the draft remain in the final opinion, the Supreme Court is not outlawing abortion. Rather, the debate around protecting life will shift to state legislatures. And despite the latest pro-choice talking points, the decision will not affect any other civil right.
The court acknowledged both in Roe v. Wade and Southeastern Planned Parenthood v. Casey that abortion is “inherently different” from all other civil rights because it destroys “life or potential life.” This means that abortion is very different from other issues such as marriage, which does not threaten the life of an unborn child.