Ah, the shifting sands of the abortion debate. Support Choice, Not Roe is the title of Richard Cohen’s op-ed in the Washington Post. I disagree with him of course on abortion, but I generally agree with him on this particular issue.
For liberals, the trick is to untether abortion rights from Roe . The former can stand even if the latter falls. The difficulty of doing this is obvious. Roe has become so encrusted with precedent that not even the White House will say how Harriet Miers would vote on it, even though she is rigorously antiabortion and politically conservative. Still, a bad decision is a bad decision. If the best we can say for it is that the end justifies the means, then we have not only lost the argument — but a bit of our soul as well.
In fact, there is just as much debate on the right — are the unborn protected under the constitution, or is there just no protection either way? I fall under the latter camp — abortion and the unborn are not contemplated in the constitution. There are others who disagree. Either way, it would seem, if Roe were overturned, abortion would not end. States, however, would have the right to regulate it.
It is, again, silly that abortion is a protected constitutional right. What other medical procedure has such constitutional standing? None.