Friday, June 24, 2022

Don't Imitate Progressives 

It would be a shame if Conservatives used the occasion of their victory at the Supreme Court today in seeing Roe and Casey overturned if Conservatives repeated the mistake of Progressives in passing laws that do not pass constitutional muster or in nationalizing state issues. Matt Walsh tweets that the next step is a national law banning abortions. I think that would be a mistake. 

It would return us to the problem we have had for 50 years--trying to impose one morality on a diverse society. In the various states there are majorities for policies ranging from abortion on demand up until the moment of birth to banning it from the moment of conception. By the mere fact of a law being national in scope it makes it inevitable that fewer people will get the policy they want, whatever that policy happens to be! 

And since we have relied on the originalist interpretation of the Constitution to effect a momentous victory, we are ill advised to, on the very morrow of victory, set about trying to enact a policy which ignores the Constitution. Where in the Constitution is the Federal government granted the power to regulate abortion? Of course, one could torture the Commerce Clause into making it confess to granting the power to regulate abortion to the Congress, but it would be a false confession. 
 


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