This is why I see Roe as unifying rather than divisive: It makes a yes-no decision. It sets a baseline that some of us cannot abide but that most of us applaud or can live with. It says that, yes, the Constitution, in its words and its penumbra, does protect a woman’s fundamental right to terminate her pregnancy.
Like all of our constitutionally protected freedoms, the right to choose can be restricted, but not taken away. That has been the status quo for nearly five decades, and the nation has muddled through. But if Roe is reversed — if the court rules, as its most conservative justices have argued, that no protected right to reproductive choice exists — then the political cold war over abortion will flare immediately into a roaring blaze.
If states such as Texas pass laws that effectively eliminate all abortions, those with the means will travel to other states to terminate their pregnancies. Many poor people will risk their health by seeking illegal abortions. Some doctors will most likely risk imprisonment. There will be intense pressure for pro-choice federal legislation, and abortion will be a hot-button issue in every congressional district.
As if our politics needed more heat.
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