How to End Abortion
Ever since Roe vs. Wade and Doe vs. Bolton forced legal abortion on the entire United States, pro-life people have been trying to end it. Not to minimize the efforts of persuading individuals to keep their babies (after all, that's what our billboards are all about), at some point we need a law that bans abortion. Here are some ways to get there.
1. Supreme Court
The most obvious solution is to change the Supreme Court justices until they will overturn the laws and court decisions upholding abortion, and either ban it or allow states to ban it. We've been trying that ever since 1973. We're closer than we've ever been, but with the current administration, any progress looks blocked for several years.
2. Constitutional Amendment
An amendment to the U.S. Constitution either banning abortion or allowing states to ban abortion is another obvious solution. But constitutional amendments require overwhelming popular and legislative support. This cannot happen until a large majority of the people demand an end to abortion.
3. U.S. Congress
If Congress simply bans abortion, the Supreme Court will rule it unconstitutional (see point 1). But Congress could first remove it from the jurisdiction of the Supreme Court under Article 3, Section 2 of the Constitution, opening the door to either state bans or a federal ban.
Congress could also declare that personhood under the 14th Amendment vests at fertilization, and therefore abortion is banned. This undermines the reasoning of Roe vs. Wade. It is difficult to say what the Supreme Court would do with such a law. But with the current composition, it is likely the majority would find some reason to overturn it.
Both of these questions should be asked of every candidate for U.S. Congress (House or Senate).
4. State Legislatures
The state legislatures can pass a law or constitutional amendment declaring that personhood vests at fertilization, and therefore, abortion is illegal. (Doing it outside the context of abortion, as some current "personhood legislation" does, doesn't really accomplish anything, because it will not be interpreted by the courts to apply to abortion unless the law is explicit.) Just like a federal ban based on the personhood of the unborn, a state law would likely be overturned by the U.S. Supreme Court.
Then the state legislatures would have the opportunity to assert their 10th Amendment reserved powers and defy the U.S. Supreme Court and federal government. That would require the legislature and governor being willing to go without federal money for roads, education, unemployment, welfare, and every other kind of federal aid. It might require a willingness to call up the National Guard to resist Federal Marshals ordered to keep abortion facilities open.
Such a move would require a governor and a majority in the legislature with unusual courage. It would require a majority of citizens to stand with their state leaders and deal with the loss of federal funds. I don't think it would require secession--just a state (or a few states) willing to assert their constitutional powers (popularly called "states' rights").
Every candidate for state representative, state senator, or governor, should answer whether he is willing to stand up to the federal government to protect the unborn.
5. Revival
I've listed every plan I'm aware of to make child murder illegal in our country, or even in a single state. All approaches require widespread popular support, which can only come as a result of spiritual renewal, or revival. Revival is not a fifth option I am suggesting. It is necessary for any of the approaches above. So let's get on our knees before God; then go out and arouse our friends, neighbors, and families to a holy hatred of this child slaughter; and pursue not one of these strategies, but all of them.
1. Supreme Court
The most obvious solution is to change the Supreme Court justices until they will overturn the laws and court decisions upholding abortion, and either ban it or allow states to ban it. We've been trying that ever since 1973. We're closer than we've ever been, but with the current administration, any progress looks blocked for several years.
2. Constitutional Amendment
An amendment to the U.S. Constitution either banning abortion or allowing states to ban abortion is another obvious solution. But constitutional amendments require overwhelming popular and legislative support. This cannot happen until a large majority of the people demand an end to abortion.
3. U.S. Congress
If Congress simply bans abortion, the Supreme Court will rule it unconstitutional (see point 1). But Congress could first remove it from the jurisdiction of the Supreme Court under Article 3, Section 2 of the Constitution, opening the door to either state bans or a federal ban.
Congress could also declare that personhood under the 14th Amendment vests at fertilization, and therefore abortion is banned. This undermines the reasoning of Roe vs. Wade. It is difficult to say what the Supreme Court would do with such a law. But with the current composition, it is likely the majority would find some reason to overturn it.
Both of these questions should be asked of every candidate for U.S. Congress (House or Senate).
4. State Legislatures
The state legislatures can pass a law or constitutional amendment declaring that personhood vests at fertilization, and therefore, abortion is illegal. (Doing it outside the context of abortion, as some current "personhood legislation" does, doesn't really accomplish anything, because it will not be interpreted by the courts to apply to abortion unless the law is explicit.) Just like a federal ban based on the personhood of the unborn, a state law would likely be overturned by the U.S. Supreme Court.
Then the state legislatures would have the opportunity to assert their 10th Amendment reserved powers and defy the U.S. Supreme Court and federal government. That would require the legislature and governor being willing to go without federal money for roads, education, unemployment, welfare, and every other kind of federal aid. It might require a willingness to call up the National Guard to resist Federal Marshals ordered to keep abortion facilities open.
Such a move would require a governor and a majority in the legislature with unusual courage. It would require a majority of citizens to stand with their state leaders and deal with the loss of federal funds. I don't think it would require secession--just a state (or a few states) willing to assert their constitutional powers (popularly called "states' rights").
Every candidate for state representative, state senator, or governor, should answer whether he is willing to stand up to the federal government to protect the unborn.
5. Revival
I've listed every plan I'm aware of to make child murder illegal in our country, or even in a single state. All approaches require widespread popular support, which can only come as a result of spiritual renewal, or revival. Revival is not a fifth option I am suggesting. It is necessary for any of the approaches above. So let's get on our knees before God; then go out and arouse our friends, neighbors, and families to a holy hatred of this child slaughter; and pursue not one of these strategies, but all of them.
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Wesley Wilson is the President of Let Her Live, a nonprofit dedicated to saving babies by showing the beauty and value of life to women considering abortion. Please learn more about the Let Her Live pro-life billboard campaign. Donations are tax deductible.
Labels: abortion, congress, Human Life Amendment, revival, strategy, supreme court
posted by Wesley Wilson at
1:00 AM
4 Comments:
Hello. You wrote: "1. Supreme Court
The most obvious solution is to change the Supreme Court justices until they will overturn the laws and court decisions upholding abortion, and either ban it or allow states to ban it. We've been trying that ever since 1973. We're closer than we've ever been, but with the current administration, any progress looks blocked for several years."
On what basis do you assert we are closer than we've ever been? Please name even one Supreme Court justice who is pro-life.
Scott, I don't know how many of the justices would rule (as they should) that the Constitution itself prohibits abortion under the due process clause.
However, Justices Thomas and Scalia are clearly ready to overturn Roe and allow either the states or Congress to ban abortion. They wrote in their concurring opinion to Gonzales vs. Carhart: "I write separately to reiterate my view that the Court’s abortion jurisprudence, including Casey and Roe v. Wade, 410 U. S. 113 (1973), has no basis in the Constitution."
It is my belief that Justices Roberts and Alito would join in overturning Roe to allow a legislative ban. If they have made statements to the contrary, please inform me.
So I believe we have four votes against Roe, which is as many as we have had since 1973. I'm not saying that all four justices are pro-life without exception, but they don't have to be in order to get the court out of the way, at a minimum.
Your conclusion is absolutely right. We will win this fight in the prayer closet or lose it by our absence from it.
This is a good blog. Keep up all the work. I too love blogging and expressing my opinions
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