On the potential overturning of Roe v. Wade

If what was leaked from SCOTUS yesterday is true and Roe v. Wade is going to be overturned, it is a not a time for triumphalism by those who have worked to overturn it. Rather, it's time to take up the responsibilities opponents of Roe have had all along. Foremost among these is materially assisting women and children, ensuring that they're housed, fed, clothed, and have access to healthcare. During the long regime of Roe, these social policies have proven effective at reducing abortions.

Especially if you are a Christian, gaining a legislative victory cannot be the end you seek. Such an outcome can be but a means to the end of creating a civilization of love. Pope John Paul II did not contrast what he called a "culture of death" with a culture of life. Rather, he advocated for building "an authentic civilization of truth and love" (Evangelium Vitae, sec. 6).

In short, overturning Roe returns abortion back to the democratic process. At least in the beginning, it becomes a matter for the states. While there will be states like Oklahoma, Alabama, South Dakota, etc. that effectively ban abortion, there will be other states that either codify Roe, as New York has already done in anticipation of it being overturned, or even expand abortion. So, the outcome is far more complex than many have assumed.

While this is an immensely difficult issue for women- those on both sides of the abortion debate- many legal scholars here and abroad have noted over the years that the fundamental problem with the abortion settlement in the U.S. is that it was made by judicial fiat and not democratically. Again, if/when the anticipated decision is handed down, it simply returns the matter to the people.

In case you haven't noticed, democracy is a messy business. Demonstrations resulting from this Court ruling will no doubt be vociferous, maybe even vicious. But these, too, within reasonable legal limits, are part of our constitutional system and a healthy part at that.