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- ESSAY, Page 96The New Politics of Abortion
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-
- By Michael Kinsley
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-
- Who said politicians are power hungry? American politicians
- are greeting the happy news that they are free once again to
- exercise their democratic prerogatives on the subject of
- abortion with a reserve bordering on clinical depression. "It's
- terrible to have this issue back again," New York Assembly
- Speaker Mel Miller told the New York Times. Others gloomily
- predict "a mess" and "havoc."
-
- The disaster facing America's state legislators, and
- potentially its national legislators, is that they may have to
- address an issue of public policy on which many of their
- constituents have strong and irreconcilable opinions. This they
- hate to do and are skilled at avoiding, even though it is what
- they are paid for. They would far rather pass laws against
- burning the flag. But there is no Gramm-Rudman-style automatic
- chopping machinery that can resolve the abortion issue. Nor can
- abortion be finessed by handing it over to a commission of
- distinguished experts (although this ploy will undoubtedly be
- tried).
-
- The politicians have the Supreme Court to thank for the
- fact that the abortion issue is now a nightmarish gauntlet that
- has to be run between two ravening mobs. Not because of last
- week's Webster decision, which opened the door (at least
- partway) to legislation restricting a woman's right to abortion,
- but because of the famous Roe v. Wade decision of 16 years ago,
- creating that virtually absolute, constitutional abortion right,
- which Webster partially overturned.
-
- Before Roe, abortion was slowly being legalized, state by
- state, under varying rules, amid moderate controversy. Roe told
- abortion supporters and opponents alike that it was all or
- nothing at all, a Manichaean battle in which compromise was
- impossible. A generation of social-issue conservatives was
- politicized and mobilized. As a result, today's Republican Party
- officially endorses a human-life amendment that would not merely
- return the abortion issue to the states but would
- constitutionally ban abortion except to save the mother's life.
-
- Meanwhile, many believers in a woman's right to control her
- own body have become absolutists as well, hooked on the
- Constitution. They fear that any breach in the constitutional
- barrier -- that is, any role for the democratic process in
- settling the abortion issue -- will condemn women to mass death
- by coat hanger. In April hundreds of thousands marched on
- Washington in a quixotic attempt to influence the very branch
- of Government whose independence from public pressure they count
- on to protect them from the mob on the other side.
-
- You can argue it either way about who will win the coming
- legislative battles over abortion and what effect those battles
- will have on politics at large. My bet is that the repeal of
- Roe (especially if it is completed by the court next year, as
- seems likely) will awaken and politicize social-issue liberals
- the way Roe itself energized conservatives 16 years ago. From
- 1973 until recently, abortion mattered a lot more to the antis
- than to the pros; that is already starting to change. The new
- politics of abortion will also put many Republican politicians
- in the sort of bind Democrats have been in more often in recent
- years: trapped between the demands of a vocal interest group at
- the core of their party and the preferences of the moderate
- voters whose support they need. They cannot abandon the
- human-life amendment without hell to pay. Now that it matters,
- they cannot continue to trumpet this extreme position without
- at least heck to pay. It will be an albatross around their
- necks. Already it is a pleasure to watch Rudolph Giuliani, a
- Republican candidate for mayor of New York City, squirm.
-
- In the end, America's abortion policy could end up roughly
- where it is now: abortion available more or less on demand for
- the first three months (when more than 90% of today's abortions
- take place anyway), available only for certain weighty reasons
- in mid-pregnancy and generally unavailable for the last few
- weeks. But we would arrive at that sensible arrangement without
- all the embarrassing intellectual paraphernalia of "trimesters"
- and "viability'' that came out of Justice Blackmun's futile
- effort, in the Roe decision, to derive a necessary compromise
- between moral absolutes from first principles. There are no
- first principles, constitutional or otherwise, that can settle
- the abortion question once and for all; only politics can do
- that.
-
- A political compromise could deal with subsidiary issues,
- such as clinic standards and parental-notification requirements,
- on their own merits, whereas they have until now usually been
- cynical attempts to sneak around Roe's absolute constitutional
- ban. On the one side issue pro-choicers have generally lost --
- government funding of abortions for poor women -- they might
- even find the opposition more accommodating once the general
- issue is open for debate and compromise. Right-to-life
- absolutists will find themselves isolated. Appeals to fairness,
- not to mention more cynical arguments regarding the cost to
- society of poor women having unwanted babies, will be more
- likely to succeed when banning government-paid abortions is no
- longer virtually the only restriction available to those who
- think unrestricted abortion is wrong.
-
- For a decade and a half, the abortion issue has made
- extremists and hypocrites of us all -- pro-choicers enshrining
- trimesters in the Constitution, pro-lifers using an ostensible
- concern for the mother's health to restrict the mother's freedom
- of choice. Now we can start being honest again. And with the
- Supreme Court out of the picture, we can have the arduous but
- exhilarating democratic experience of deciding an important
- issue for ourselves.
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