Regardless of your position on abortion, it has become a political football. My position has been that the issue would not be a major political issue in America, at all, if the Supreme Court had simply let democratic action move forward back in 1973. 99 State Legislatures and 50 State Governors, all accountable to some level or another to their respective electorates, are capable of deciding what are the appropriate health/privacy/life policies for their States. By removing such a divisive issue from electoral politics, both the Left and the Right can use the issue to rally their base without any concern regarding actually implementing policy. Abortion has become a free pass for both the Left and the Right.
In a recent ABA Journal article comes the following:
Justice Ginsburg: Roe v. Wade Decision Came Too Soon
The U.S. Supreme Court may have moved too quickly when it found a constitutional right to abortion in Roe v. Wade, according to Justice Ruth Bader Ginsburg.
Speaking at a Columbia Law School symposium on Friday, Ginsburg said the court could have delayed hearing the case while state law evolved on the issue, the Associated Press reports. “It’s not that the judgment was wrong, but it moved too far too fast,” she said.
Another alternative, she said, was to strike down the Texas law before the court, without finding a right to privacy that overturned abortion bans nationwide. “Things might have turned out differently if the court had been more restrained,” she said.
At the time of the 1973 decision, abortion was legal in four states, and available on a limited basis in about 16 others, according to AP.
The story sees a parallel to changing laws on same-sex marriage, which is now legal in six states. “Legal advocates on both sides of the issue wonder if the Supreme Court will want to have a say on the matter relatively soon, or let the state-by-state process evolve further,” the story says. “Ginsburg did not comment on that issue.”
Any time a Supreme Court Justice publicly calls for judicial restraint on a controversial, divisive, political issue, they deserve accolades. Put the issue back into the hands of elected representatives. That is where is belongs.