Supreme Court is poised to change abortion landscape, so who is really pro-life? | Column
When is human life worth legal protection? It’s a profound question with deep political, cultural, and legal implications.
With the Supreme Court poised to overturn precedent in Roe v. Wade, Planned Parenthood v. Casey, and subsequent abortion cases, America’s lawmakers appear likely to be the ones assigned with the task of answering. It’s a sobering responsibility those of us who champion life must address with humility.
For almost a half century, the Supreme Court has placed constitutional guardrails on lawmakers seeking to restrict abortion. Currently, the precedent in Casey prevents states from placing an “undue burden” on access to abortion prior to the point of fetal viability.
More: Roe v. Wade decision might go, but Cherisse Scott's story shows why women deserve a choice | Column
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If the recently leaked draft opinion reported by Politico is any indication, the Court’s forthcoming decision will likely create an even more divided legal landscape.
According to the Guttmacher Institute, around 26 states will likely move to ban abortion at some earlier stage than presently permissible.
Lawmakers in those states face a real challenge. Passing laws that courts will almost certainly strike down has been more about pushing on precedent than anything else. To date, each bill and law restricting abortion prior to fetal viability has been a tool elected officials use to tell the Supreme Court that “settled” law surrounding abortion is far from it.
The court appears to have heard the message.
Legislation restrictions on abortion should not come easy
In short order, legislatures and governors from Texas to Tennessee and North Dakota to West Virginia must wrangle with abortion’s seminal question and the host of additional considerations flowing from it.
Should states prohibit abortion completely, after a fetal heartbeat (five to six weeks of gestation), or when a fetus feels pain (as early as 13 weeks)? Are there any exceptions? What if a mother’s health is endangered by the pregnancy? Rape and incest are despicable evils. Should a woman be forced to carry the child of her assailant? Should an unborn child be destroyed because of the tragic manner in which she was conceived?
The answers to these questions should not come easily.
In fact, those who would ban abortion entirely and those who would always permit the procedure are national minorities.
Gallup’s polling on the issue has long found that around half the country supports some restriction on abortion. A minority hovering around 20 percent would ban it in all circumstances, and a slightly larger minority of about 30 percent would protect abortion rights regardless of context.
Most Americans understand the complexities of abortion, take it seriously, and expect thoughtful leadership even as politicians seek to apply constituent values to a new legal landscape.
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We need to go beyond just saying we are 'pro-life'
My wife and I were sitting in our car after a rare date night when news broke about the Politico report. We both support life. We try to be consistent in that endeavor from life’s earliest stages to its end. Our reaction to the news was bittersweet. No public policy or legal opinion grants us empathy towards either the born or unborn.
The news came against the backdrop of us becoming certified foster parents. During foster training, we discovered the tragedy of how many children in America need homes.
At any given time in the United States, more than 100,000 children are eligible for adoption from foster systems around the country. The average age is about eight years old.
Who will be pro-life for them?
As rain started to fall on our parked car, we discussed the impacts of enhanced abortion restrictions on women without financial means, strong families, or community support.
While neither my wife nor I want abortion to be a hardship response for any pregnant mother, we know how difficult it is to raise our family with so many advantages that others don’t enjoy. I can only imagine how terrifying it must be for many young women to boldly choose life.
Who will be pro-life for them?
Those of us who believe that life is worth protecting even in its earliest forms have our work cut out for us. It simply will not do to further restrict abortion, pat ourselves on the back, and move along.
We have pushed for the opportunity to protect more lives, and now we may have the opportunity to do so. My hope is that we will do more than merely update abortion policies.
With our time, talent, and resources, we must demonstrate how our support of life extends well beyond the Supreme Court, the halls of legislatures, and even the moment of birth itself.
USA TODAY Network Tennessee Columnist Cameron Smith is a Memphis-born, Brentwood-raised recovering political attorney raising three boys in Nolensville, Tennessee, with his particularly patient wife, Justine. Direct outrage or agreement to smith.david.cameron@gmail.com or @DCameronSmith on Twitter. Agree or disagree? Send a letter to the editor to letters@tennessean.com.
This article originally appeared on Nashville Tennessean: Roe v. Wade: Supreme Court leak begs the question, who is pro-life?
