2022 hailed the end of a 49 year reign of reprehensible interpretation of law that claimed abortion was a fundamental right. 2023 has arrived. As my fellow nerds would appreciate this Buffy the Vampire Slayer TV show reference, this lyric from the musical episode,
“Where do we go from here? The battle’s done, and we kind of won, so we sound a victory cheer. Where do we go from here?”
What now? Are we good? Do we need to do anything now that Roe has fallen?
Of course we do!!! Roe nationally established a right to abortion, and now that the precedent is six feet under (where it so rightly belongs), the decision for abortion goes to the individual states.
One of the core strategies to overturn Roe was incrementalism – trying to strategically ban abortion in increments so as to challenge Roe in an effective way as to lead to its downfall. It’s function was to chip away at the very faulty foundation that Roe was built. This was probably the best way to take down Roe.
Some would argue that incrementalism is wrong. But it was a strategy to end the wretched interpretation, and even though it took 49 years, it eventually worked. Incrementalism is responsible for the overturning of Roe v Wade. A piece of legislation proposing a ban on abortion after 15 weeks was the straw that broke the camel’s back.
While incrementalism has served its purpose effectively, the war has changed. Instead of dealing with abortion on a national level, we are now fighting abortion at the state level. There are a few strategies that we could pursue. While SCOTUS admirably overturned Roe, they have heinously fallen way short of justice in securing the right to life for all people. One strategy is to pursue challenges to the law that would provide a defense for the right to life in the womb and fight until SCOTUS secures the right to life for all people through a Supreme Court ruling.
Another strategy, extremely difficult but probably the most binding and therefore necessary, is to call a convention of states to propose a personhood amendment for the unborn. It’s really difficult to pass an amendment and even more difficult to repeal it. But if it were to get passed, it would be as one nation under God recognizing the right to life for all people. This would be the strongest, yet hardest way to end abortion.
Another strategy, less binding, less secure, is to push for personhood at a federal level through legislation implemented by congress. This would be a great temporary fix, but is only as strong as the majority of pro-life congresspeople and a president willing to sign into law. When congresses and presidents change, the security of the unborn could be threatened.
And lastly, fighting for life at the state level, establishing personhood through state legislation. This is also a good temporary solution, and only partially efficient. There will be states like California that will not protect unborn babies unless extreme significant changes occur. This is why this cannot be our central strategy. We will fall short of justice. But we can fight hard in several states and win, creating less bloodshed.
But I submit this to you: incrementalism within the state is not going to win the war this time. Now is the time to hit hard and fight for life. Elect justices and congresspeople and governors who show they understand why we should protect all human life. It is not the time for compromise. We need to go beyond allowing exceptions for rape and incest. We need to push past the idea that we need to kill a baby to save a mother, because it’s not true. With Roe ended, it’s time to be radical. The beach head has been taken. Now we need to take the rest. It won’t be easy by any means. But we need to take the rest of the territory.
For the sake of the unborn, it’s time to take the rest of the territory.
Pro Life Man