Monday, June 27, 2022

ROE, ROE,-- WAIT, DON'T ROE THAT BOAT

So "Roe vs. Wade" was overturned last week. I've said little about the topic of abortion on this blog, aside from this conclusion from THE ILLEGITIMACY OF 'LEGITIMATE RAPE':

I am opposed categorically to the politicized sentiments of Akin's kind.  Their only solution to the multifarious problems relating to unwanted conception-- which include, but certainly are not limited to, conceptions through rape-- is an absolute refusal of the state's power to kill the unborn. 

And, unpleasant though it may seem, the unborn cannot be given special rights, despite any and all societal instincts to protect future generations.  It goes without saying that the state probably has made many mistakes in executing particular abortions, just as it has in executing particular prisoners.  But it does not follow that all of the executions were mistakes.  There are times when the unborn, innocent though they may be, simply have to suffer from living in an imperfect world.

I sympathize somewhat more with those individuals-- none of whom are affiliated with the anti-abortion crowd-- who recommend, not an absolute ban on abortion, but merely restrictions as to how *often* citizens might "choose" to have abortions.  But it's seems almost certain that our society, having become polarized between two extremes, will never explore this area of legal theory. 

Over the years I've heard many of those on the Far Right voice the opinion that the 1973 SCOTUS decision was rooted in "activism," and that its extrapolations of the Fourteenth Amendment and the Bill of Rights were out of line. I would agree only in one respect: of the various rights that the Constitution spells out, none of them relate to medical matters. One may speculate that lawmakers of the 18th and 19th centuries did not foresee the politicization of medical concerns, particularly abortion. So they never spelled out whether or not changing ethics regarding such subjects would truly fall under the so called penumbra of the "life, liberty, and property" guaranteed by the Fourteenth Amendment (that is, one could not be deprived of these without "due process of law.") This essay from CNN alleges that abortion was available under common law in the U.S. until 1880, though CNN may not be the best arbiter of our national history.

Though I may have become somewhat more conservative on this or that topic over the years, I've never had a problem, as shown above, with the notion that the state may expedite the termination of new life, simply because that state always has that power in essence. I favor neither of the hardcore absolutisms regarding the physical act, be it religion's arbitrary dictates about when the soul enters the fetus, or materialism's screeds about how the fetus just ain't alive until science says so. Neither are worthwhile guides as to whether a contemporary society should consider the option of abortion to be part of the "life, liberty and property" troika. 

I also noted in the segment above that I'm less than impressed with the extremism of some pro-choicers, who would not accept any restrictions whatsoever in their favored form of liberty. Yet it's possible that even if we lived in a time dominated by Classic Liberals rather than Progressives, the SCOTUS Judges would have made the same decision: that abortion could not be viewed as a federally mandated "right" that trumped the local politics of states. 

I do not know all the reasons that the Judges chose to nullify Roe v. Wade. I don't disbelieve their stated reasons, nor do I dismiss all of the animadversions expressed by those who hate the verdict. Nevertheless, I think it possible that, just as the 1973 decision had the effect of breaking down the power of the Religious Right, the 2022 decision may be a challenge to the power of the ultraliberal Left, which enjoyed a boost in cultural hegemony in response to the presidency of Trump and the devastation of Covid, which Lefties blamed on Trump.

In many ways, the Right's crocodile tears for the slain unborn are a way of stoking emotional response from the faithful, in much the same way that the Left sheds similar tears for the sufferings of marginalized women and POC. I think that in recent times the fanaticism of the Left has been more harmful to the culture as a whole, but I won't claim that a return to the values of the Right might not be worse. 

In other words, I cast a plague on both their houses-- albeit with the caveat that I don't really have a dog in the fight.




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