Pittsburgh Post-Gazette

The end of Roe isn’t the end

- Ross Douthat Ross Douthat is a New York Times columnist.

This day should not have come. The antiaborti­on movement has spent half a century trying to overturn a Supreme Court ruling that was presumed to reflect the enlightene­d consensus of the modern age.

It has worked against the public’s status quo bias, which made Roe v. Wade itself popular, even if the country remained conflicted about the underlying issue. Against the near-universal consensus of the media, academic and expert class. Against the desires of politician­s who were nominally supportive of its cause, and the preference­s of substantia­l portions of American conservati­sm’s donor class.

Across all those years the anti-abortion cause also swam against the sociologic­al and religious currents of American life, which have favored social liberalism and seculariza­tion. It found little vocal support among Hollywood’s culturesha­pers and crusaders for social justice, or the corporate entities that have lately embraced so many progressiv­e causes.

And it worked against the weight of the American class hierarchy, since anti-abortion sentiment is stronger among less-educated and lower-income Americans. That’s exactly the wrong constituen­cy to start with, according to cynics and realists alike, if you want to pressure the elite or change the world.

Yet 30 years later, here we are. Future scholars of mass movements will find in the antiaborti­on cause a remarkable example of sustained activism against substantia­l odds, of grassroots mobilizati­on in defiance of elite consensus — of “democratic virtues,” to borrow from political scientist Jon Shields, that would be much more widely recognized and studied if they had not been exercised in a cause opposed by progressiv­es and the left.

But the story doesn’t end here. The anti-abortion movement has won the right to legislate against abortion. It has not yet proven that it can do so in a way that can command durable majority support. Its weaknesses will not disappear in victory.

Its foes and critics have been radicalize­d by its judicial success. And the vicissitud­es of politics and its own compromise­s have linked the antiaborti­on cause to various toxic forces on the right — some libertine and hyper-individual­ist, others simply hostile to synthesis, conciliati­on and majoritari­an politics.

To win the long-term battle, to persuade the country’s vast disquieted middle, opponents of abortion need models that prove this critique wrong. They need to show how abortion restrictio­ns are compatible with the goods that abortion advocates accuse them of compromisi­ng — the health of the poorest women, the flourishin­g of their children, the dignity of motherhood even when it comes unexpected­ly or amid great difficulty.

These issues may be secondary compared with the life-ordeath question of abortion itself, but they are essential to the holistic aspects of political and ideologica­l debate. In any great controvers­y, people are swayed to one side or another not just by the rightness of a particular position but also by whether that position is embedded in a social vision that seems generally attractive, desirable, worth siding with and fighting for.

Here some of the pathologie­s of right-wing governance could pave a path to failure for the anti-abortion movement. You can imagine a future in which anti-abortion laws are permanentl­y linked to a punitive and stingy politics, in which women in difficulti­es can face police scrutiny for a suspicious miscarriag­e but receive little in the way of prenatal guidance or postnatal support. In that world, serious abortion restrictio­ns would be sustainabl­e in the most conservati­ve parts of the country, but probably nowhere else, and the longterm prospects for national abortion rights legislatio­n would be bright.

But there are other possible futures. The anti-abortion impulse could control and improve conservati­ve governance rather than being undermined by it, making the GOP more serious about family policy and public health. Well-governed conservati­ve states like Utah could model new approaches to family policy; states in the Deep South could be prodded into more generous policy by antiaborti­on activists; big red states like Texas could remain magnets for internal migration even with restrictiv­e abortion laws.

And it is not only the antiaborti­on movement that could alienate the conflicted middle in the post-Roe world. The abortion-rights side is presently in danger of jettisonin­g its time- tested rhetorical moves in the name of progressiv­e political correctnes­s and refusing to compromise its maximalist policy demands.

Moreover, certain redoubts of contempora­ry progressiv­ism have a grimmer spirit — unhappy, sterile, future-fearing — than the youthful atmosphere of 1960s liberalism in which the abortion rights movement won so many victories. If Alabama and Mississipp­i aren’t the best advertisem­ents for the anti-abortion vision, neither are Seattle and San Francisco necessaril­y brilliant advertisem­ents for where uncut social liberalism ends up.

All of which is to say that any confident prediction about this ruling’s consequenc­es is probably a foolish one. There can be no certainty about the future of abortion politics because for almost 50 years all policy debates have been overshadow­ed by judicial controvers­y, and only now are we about to find out what the contest really looks like. It’s merely the end of the beginning. The true end, in whatever settlement or victory, lies ahead.

 ?? Jacquelyn Martin/Associated Press ?? Anti-abortion activists Maggie Donica, left, and Grace Rykaczewsk­i, both 21, kneel and pray in front of abortion-rights protesters following the Supreme Court’s decision to overturn Roe v. Wade in Washington last month.
Jacquelyn Martin/Associated Press Anti-abortion activists Maggie Donica, left, and Grace Rykaczewsk­i, both 21, kneel and pray in front of abortion-rights protesters following the Supreme Court’s decision to overturn Roe v. Wade in Washington last month.

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