I read an interesting challenge in one of Jane Galt's posts regarding abortion policy: What would happen if Roe v. Wade were overturned, and the question thus ended up back in the legislatures?
...I am amazed that half the chattering classes really purport to believe that the single most important issue facing the courts is whether or not ten or so low-population states will, or will not, be allowed to outlaw abortion. More important than civil liberties? More important than towns condemning any old house they feel like it to build a strip mall?
She believes that abortion would largely remain legal. Is it true? If legislators were given the chance, would they largely leave abortion alone?
Polls can be used to answer this question. A little web trawling turns up that Harris finds the following result on the main question:
"In general, do you favor permitting a woman who wants one to have an abortion in all circumstances, some circumstances or no circumstances?"
all 23% some 55% none 21% not sure 1
In a legislature elected by this particular population, it looks like moderation would carry the day. Surely no legislator could take either extreme stance and still get reelected. I wonder what the results are like in various areas of the country?
Now, personally, I fear both extreme positions on this question more than any moderate position, so I take great comfort in these poll results. I'm worried, though, about a question that Harris asks later in the same poll:
"[....] In general, do you favor or oppose this part of the U.S. Supreme Court decision making abortions up to three months of pregnancy legal?"
Total Pro-Life Pro-Choice Favor 52 15 83 Oppose 47 84 15 Not sure/Refused 1 1 1 It looks like the vast majority of people want the courts to decide in their favored direction, apparently without regard to what is in the constitution and in federal law. Is this true? Do people really want the courts to act as just another source of power, rather than following their constitution-appointed role of judging the constitution and the law? If so, there is a disturbing breakdown in American attitudes about the three-branch system, or really, written law in general.