Difference Of Opinion
Administration should not try to skirt state abortion laws
Since the U.S. Supreme Court overturned Roe v. Wade on Friday, the pro choice crowd has been trying to figure out what to do. With states again in control of whether abortion is legal, at least a dozen have moved to almost completely ban the procedure — a number expected to climb to around half the states in coming months.
One way the fight has begun is in the courts. So far judges have temporarily blocked abortion bans from taking effect in Texas and Louisiana on technical grounds. But with committed GOPcontrolled legislatures willing and able to modify the laws, it’s doubtful that will work for long.
The courts, ballot boxes and statehouses is where any such fight properly belongs. But it looks the President Joe Biden and his Democratic administration have other ideas.
One idea floated about is allowing abortion on federal land in or near states than ban the procedure. Vice President Kamala Harris has said that’s not currently the plan, but didn’t say it’s off the table.
What appears more likely is taxpayer funding of transportation to take women to a legal abortion provider.
During an interview Saturday with NBC News, Health and Human Services Secretary Xavier Becerra confirmed it’s one of the options.
“We are looking into everything, including assisting in transportation, something that HHS doesn’t typically do,” he said.
This federal interference is a bad idea all around.
For one thing, using tax dollars to facilitate abortion is very probably illegal under the Hyde Amendment, when bans using federal funds to pay for abortion except in cases of rape or incest or to save the life of the woman.
Plus, it pits the federal government against the will of the states. Some pro-choice activists may see a parallel to the Civil Rights era. But they would be wrong.
Though claimed as a “states’ rights” issue, the federal government had a just cause in fighting segregation and Jim Crow laws. Such laws violated the constitutional rights of African American citizens.
Since the court’s ruling there is no constitutional right to abortion, explicit or implicit. The states are legally in charge.
This is dangerous ground the administration is contemplating. Once you open that bottle the genie is out and who knows how it will be used down the road?
Those who favor legal abortion can make their case to the courts, voters and those they elect. And the best the Biden administration can do is stay away from it.