Fixing Abortion

“So just what the hell should we do about abortion smart guy? SCOTUS decided what the law is not Bush. How can you fix it other than SCOTUS changing its mind?”

Abortion is murder and is therefore totally unacceptable. That is my personal and political position on the matter. The difficulty with the issue comes in how to deal with it. On one hand SCOTUS messed it up and they should fix it. On the other hand it is not now nor was it in 1972 a constitutional or federal issue in anyway. The solution is available to the republican party, right now today, at least as it pertains to the involvement of the federal courts.

Article II, section II, paragraph ii of the US Constitution provides congress the ability to limit the Supreme Court and the lesser federal courts: “under such regulations as the Congress shall make.”

Therefore, I propose a two part solution to the issue. Part one return the issue as a matter of law to the jurisdiction of the states. Part two allow each state to make its own laws concerning the matter.

My solution is open to criticism on at least three accounts.

1. Different states will have different laws. True each state would be free to limit or restrict the procedure as the citizens of that state deem best. This is considered imperfect by both sides because some states would ban and some would permit the procedure. I don’t see this as a problem either as a matter of law or in practice.
2. Persons in a state with more restrictive laws can travel to a state that is more liberal. So what? People could go to Canada or Europe for abortions prior to 1972 too. We can’t be everyone’s conscience or mommy, people will do as they see fit. We only have a right under the constitution to govern ourselves.
3. Politically this is impossible, not because of the Democrats, because of the Republicans. They have no other moral authority on which to rally the sheepal into action or forking over cash. This one issue accounts for about 60% of the reason republicans are able to gather grassroots support. Take it away and you have a party of supply side socialists as opposed to their Keynesian/demand side socialist cousins.

My solution if reduced to a bill before the house would look like this:

Whereas the Supreme Court of the United States overstepped its constitutional authority in its ruling on the matter of Roe v. Wade, and whereas the premise of the original case was based on fraud, and whereas the court has failed to remedy the discrepancies in case law or hear the plaintiffs repeated appeals to the court, this solution is hereby enacted as law.

Section one. The decision for the plaintiff in Roe v. Wade is set aside.

Section two. The issue of abortion and reproductive rights is hereby forever returned to the individual states. All authority to permit, prohibit, regulate, tax or otherwise develop public policy in this matter is to be determined according to the legislative process in the states.

Section three. No monies in the United States Treasury or revenues of any kind belonging to the federal government, or any department thereof shall be used to provide for abortion or reproductive services.

Section four. The medical procedure of abortion is prohibited on all federal properties, territories, commonwealth, political subdivisions, military bases and ships. Excepting, the procedure may be used upon affidavit of the attending physician swearing that the procedure is necessary to save the woman’s life, and in cases of rape and incest. In the case of rape or incest the woman must swear out an irrevocable complaint and warrant against the perpetrator or the crime and aid in his conviction by providing truthful testimony and other assistance as is in her power to do so.

Penalties:

A women that has an abortion in defiance of this act, under the requirements of section four, is guilty of a capital offense. Upon conviction on the first offense, if a capital conviction is not obtained she shall be confined to prison for not less than a period of 20 years or other greater period as the court may determine. A second conviction shall constitute an automatic life sentence.

A doctor performing an abortion in defiance of this act the requirements of section four, is guilty of a capital offense. If a capital conviction is not obtained, upon conviction of the first offense be confined to period not less than 50 years to life with no possibility of parole.

Section five. Neither the Supreme Court nor the inferior federal courts shall have jurisdiction to hear any case involving abortion or its practices within the individual states. Appellate and original authority for cases under section four and only section four remains intact. Excepting, the court may not rule on the constitutionality of this act or any portion thereof.

Exceptions and general provisions: no portion of this law shall be constituted to limit the rights of persons to travel, or obtain information, nor shall this law empower the states to pass laws that would serve to do so.

Your thoughts and criticisms are welcome. Other than a lack of politcal self interest why can't the republicans do this or something like it?