August 10, 2002

PARTIAL-BIRTH FEDERALISM

PARTIAL-BIRTH FEDERALISM: The other day Ryan Vooris touted do-it-yourself lobbying on a partial-birth abortion ban with a form letter to Tom Daschle. But making abortion law isn't Daschle's job.

If you believe abortion is murder (which it isn't, nor does it have to be to be wrong, but that's a discussion for another day), then it should be proscribed by the same legislators who make laws against murder-- those of the states. As Jonathan Adler has pointed out in the Corner, banning partial-birth abortions which affect interstate commerce-- which is all the House bill does, and all that, constitutionally speaking, Congress can do (the same should go for cloning, by the way)-- is hardly a huge prize for the conservative movement.

Incidentally, shouldn't a mother's ability to conceive in the future be a factor in any truly pro-life policy on partial-birth abortion? The fact that this compromise between the "life of the mother" and "health of the mother" language during the Clinton years never seemed to occur to anyone indicates that the players were more interested in scoring political points against each other than in regulating a gruesome procedure.

Posted by John Tabin at August 10, 2002 06:24 AM
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