The Abortion Debate
To The Editor:
Last week, Fayette County Republican Party Chairwoman Deborah Frank posed a question in a letter to The Fayette County Record. Mrs. Frank says, “[Policies surrounding abortion] should be set, with careful consideration, by Congress and state legislatures, reflecting the will of the people they represent, versus nine politically-appointed Justices in black robes. How can those who claim to cherish ‘democracy’ argue with that?” I hope that Mrs. Frank will appreciate my answer.
Mrs. Frank is correct that laws are made by legislative bodies that can reflect “the will of the people they represent.” That is representative democracy. However, Americans remember that “separate but equal” also reflected the “will of the people.” Jim Crow laws, slavery, internment of minority populations, anti-miscegenation laws, and many other injustices also enjoyed popular support. Throughout our history, the “will of the people” supported a wide variety of evil and injustice. Fortunately, our Constitution recognizes this fact and establishes a branch of government to address injustices, even those that are popular with the people. As a result, we now enjoy integrated public schools in most places, equal access in most public accommodations, freedom from involuntary servitude (except for those convicted of crimes), and freedom for adults to marry whomever they love.
Mrs. Frank makes some glaring errors in her letter regarding the leaked draft opinion that would repeal Roe v. Wade. First of all, Supreme Court decisions are called opinions, but that does not make them any less binding. The leaked draft opinion was written by Justice Alito, but it does not merely reflect one man’s inconsequential opinion. If handed down as drafted, it will be the opinion of the majority of the justices. Mrs. Frank is correct that, if handed down, this decision will not directly make abortion illegal, eliminate the right to choose, ban contraception, affect gay marriage, or outlaw interracial marriage. Mrs. Frank fails to point out that what it does do (if handed down) is remand all of those issues to the states. Regarding abortion specifically, Texas has a “trigger” law that will ban abortion thirty days following the announcement of the decision. So, Mrs. Frank is making a distinction without a difference. Implementation of the decision as drafted would criminalize many healthcare options for women in Texas.
Interestingly, polls show (such as: tinyurl.com/y5hymon2) that Draconian abortion bans are not supported by the majority of the people, even here in Texas (tinyurl.com/y542gm94). Perhaps that is why the US House of Representatives passed a bill to codify abortion access into law. Unfortunately, the Republican minority in the US Senate is using the anti-democratic filibuster to block passage of this bill. How can people who claim to cherish democracy support that?
David M. DeLuca La Grange