Roe and Federalism

George Will has been so surprisingly critical of Bush in recent years that it’s easy to forget that he can be as intellectually dishonest as the rest of the conservative commentariat. Case in point:

Many, perhaps most, Americans, foggy about the workings of their government, think that overturning Roe would make abortion, one of the nation’s most common surgical procedures, illegal everywhere. All it actually would do is restore abortion as a practice subject to state regulation.

As Scott Lemieux has argued many times, the federalism argument against Roe is bunk. When Congress can pass a blanket prohibition of an abortion procedure and get it upheld by the SCOTUS, it’s disingenuous to say that eliminating Roe would turn the issue over to the states. States would be allowed to regulate it in whatever way they see fit, yes, but so would Congress. That’s a risk that I, and I suspect the majority of the country, am unwilling to take.

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