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Tim, I agree that overturning Roe would benefit politicians who support abortion rights. I don't see how such a decision would improve accessibility to abortion services. There'd be hundreds more Springfield, Missouris.

Kevin,

I think the clinic in Springfield failed largely due to neglect on the part of the electorate, just as property rights lost ground pre-Kelo. Clinics like the one in Springfield are being driven to death by a thousand legislative cuts. Every year, legislatures pass new, burdensome regulations with the explicit purpose of making it more difficult to operate abortion clinics. They get away with this because most pro-choice people aren't paying much attention. They know Roe v. Wade protects the right to choose and so their attention is focused elsewhere.

Overturning Roe would raise the profile of the abortion issue, and that might make it easier for pro-choice activists to oppose those regulations. They might have more voters, more donors, and more volunteers. And politicians, knowing that more pro-choicers were making abortion a voting issue, would be more wary of legislation that could paint them as anti-abortion.

It's of course hard to predict the exact outcome, but I think it's arguable that property rights are safer today than they were a year ago, and they're probably safer than they would have been if Kelo had gone the other way. Kelo would have prevented a few of the most egregious eminent domain takings. In contrast, many states are now considering reforms that would restrict eminent domain much more than the Supreme Court ever would have.

Although Matt Y. pointed to a report that would contradict the conventional wisdom that abortions are harder to get in most red states (see here), I think you're otherwise right on the money, especially with your last paragraph. It would be extremely interesting to see pro-life politicians at the state and local level try to spell out exactly what kinds of laws and regulations they support concerning abortion if Roe v. Wade was no longer in play. Try to imagine the flip side, if a "human life amendment" to the Constitution had somehow passed. I'd want some answers by pro-life politicians on enforcement issues.

I.e., If abortion is illegal, should abortion doctors be tried for murder? Should clinics be raided and closed up by the Feds? What about those who simply worked in support positions at the clinics--are they liable? Should women who seek abortions be tried? Fined? Reprimanded in any way? What about RU-486, if administered by a woman's gynecologist? What about Plan B, for those who consider it (wrongly) an abortifacient? What should happen to women who to go Canada or Mexico for an abortion? Self-inflicted abortions- are we going to punish those women too?

These are the questions that pro-life politicians not only don't want to answer, but don't have to answer, because Roe v. Wade is the law of the land. I don't think overturning it and leaving things to the states would be entirely positive for abortion rights either, but it would at least force us to discuss these issues openly and see where people really stand.

Yes and no.

On the one hand, RvW was effectively what launched the anti-choice movement in the United States. It bolsters their cause, it gives them plenty of rhetoric, and it is held up by the pro-choice side as The Standard, which makes it really easy to chip away at reproductive rights aside from Roe.

On the other hand, it's easy enough for antis to make abortion effectively illegal in the U.S. (See Springfield) while Roe still stands. There's no reason to think that that would change without Roe.

I disagree that abortion is not a motivating issue in the U.S. today. Maybe it would be more motivating if women were dying from illegal abortions, but even with a reversal of Roe, that's unlikely to happen. With RU-486's increased availability (its components were not approved for abortion originally - miso is for stomach ulcers...I'm willing to bet that suddenly a lot of women will be putting air quotes around stomach ulcers...), at-home abortions can be done with much less risk than from the classic hanger/knitting needle abortion. Even "back alley" abortions would be much safer, thanks to technology and knowing the importance of sterility. So that whole compelling "dead women" argument is really pretty moot at this stage in development.

Yet with every election, abortion is a hot button issue. More and more voters are becoming single issue voters (and I am one, to an extent, so I sympathize). Every Supreme Court nominee is grilled on it...the interest in John Roberts was reproductive rights, not jailing detainees indefinitely. There are large national, state, and regional groups on both sides, not just dealing with the "keep abortion legal" issue, but working on the subtler issues such as access and prevention. To say that it's not a big issue right now is an understatement. Could it be a bigger issue? Sure, see above.

And there would doubtless be states that would keep abortion legal (New York and California for sure, Minnesota probably), and there are other countries that remain reasonable. Abortion would still be accessible, but even more just to rich women - poor women would do it themselves or resort to less safe, illegal abortions.

The policy implications of such a shift - removing a right that women have, to an extent, been taking for granted for more than 30 years - are broad and negative. Not having some guarantee to abortion isn't going to prevent unintended pregnancies. It didn't before, it doesn't now (in other parts of the world AND the U.S.). So Roe is really sort of an empty blustering - what will reduce abortion is education, access to contraception, financial benefits (such as welfare), and reduction of red tape bureaucracy surrounding adoption. But as long as people can point to Roe, they can avoid discussion of anything that will actually accomplish the end goal - reducing abortions.

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Classical singer Russell Watson postpones his forthcoming UK tour after undergoing brain surgery...

Classical singer Russell Watson postpones his forthcoming UK tour after undergoing brain surgery...

A musical about the witches from The Wizard of Oz breaks West End box office records, its producers say...

The first stage of a £150m investment in regional museums is praised for boosting visitor numbers...

The first stage of a £150m investment in regional museums is praised for boosting visitor numbers...

Borat creator Sacha Baron Cohen reportedly signs a $42.5m (£22m) film deal starring his character Bruno...

Borat creator Sacha Baron Cohen reportedly signs a $42.5m (£22m) film deal starring his character Bruno...

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