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Scare Tactics on Roe v. Wade

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Supreme Court nominee Judge Brett Kavanaugh speaks in the East Room of the White House in Washington, U.S., July 9, 2018. REUTERS/Jim Bourg

In their desperate determination to block confirmation of the President’s new Supreme Court nominee, Democrats warn about the imminent threat to Roe v. Wade.

Judge Brett Kavanaugh’s critics suggest that if Roe goes, then abortion would be instantly criminalized and women and doctors would be prosecuted. Yet even if Roe were overturned—which is unlikely—it would bring no instant change in abortion law. It would merely allow state legislatures more leeway in adjusting abortion regulations in the future.

Even before the Roe decision in 1973, 23 states had already passed some form of legalized abortion. No pro-Constitution jurist ever suggested that our Charter of Liberty bans abortion, any more than that same Constitution protects it. In our Republic, we entrust the most important decisions to the people and their elected representatives—meaning legislatures and executives write the laws, not an unelected judiciary.

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