I just finished reading the introduction to the draft Supreme Court decision on the Mississippi abortion law. I highly recommend reading it before leaping into the debate on this issue.
I don’t agree with the conclusions presented in the introduction. I do think that the Court did have the choice of holding that Roe and Casey were settled law and that therefore the Mississippi law was unconstitutional. They could also have decided that, in line with Casey, the Mississippi law did not constitute an “undue burden” and was therefore acceptable.
How Broad are the Implications of this Decision, if Adopted?
I do agree with the author that this draft decision, if adopted, would not spell the end of other Supreme Court decisions on sexual relations, contraception, and marriage. All of those decisions addressed due process and individual liberty in situations that did not potentially affect an “unborn life.”
Where Do We Go From Here?
If this decision is adopted, the correct course of action is not packing the Court or eliminating the filibuster. Packing the Court will only lead to an ever larger Court, as each side gains enough power to add more Justices who favor their views. Breaking the filibuster means national legislation that will flip back and forth as each side gains a legislative majority and the Presidency.
The correct course of action is, first, to get busy at the the state level and pass legislation that secures some level of abortion rights. On this effort a willingness to compromise would be helpful. The second course of action is for Democrats to realize that they could have a solid 60+ majority in the Senate, if they became a true center left party and ignored the wishes of the progressive wing of the party. Once that is accomplished, we can have a national legislative compromise on the issue of abortion that securely establishes a reasonable degree of protection for abortion rights. This will probably resemble a legislative version of Roe.