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History affects how Supreme Court addresses abortion today

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Title: History affects how Supreme Court addresses abortion today

Originally reported on www.dispatch.com by The Columbus Dispatch

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History affects how Supreme Court addresses abortion today

Dale Butland was press secretary and Ohio chief of staff to the late Sen. John Glenn.

According to a leaked Supreme Court majority opinion, American women are about to lose the right to decide whether and when to begin a family; a constitutional protection they’ve had for nearly 50 years.   

How is this possible? What’s changed since Roe v. Wade was initially decided? 

Not an increase in abortions; in fact, they’ve now fallen to less than half of what they were in the early 1980s.

More:Ohio abortions drop to historic low, and both sides point to legislative restrictions

Not public opinion, which has remained remarkably consistent. Indeed, in a Pew survey released earlier this month, 61% said abortion should be legal in all or most cases.  

What’s changed is the makeup of the Supreme Court, which now has six justices broadly hostile to abortion rights.

Dale Butland was press secretary and Ohio chief of staff to the late Sen. John Glenn.

But isn’t the court supposed to follow precedent and the principle of stare decisis, which holds that settled law should remain in place absent a compelling reason to overturn it? Perhaps even more important in the minds of regular citizens, what about democracy?

 Doesn’t killing Roe fly in the face of majority rule?

Yes and yes. 

But the reason Roe appears destined to fall anyway lies in America’s ancient past — and more specifically, in the 200-year-old compromises that were necessary to persuade Southern slave states to ratify the Constitution and join the union.  

Contrary to conventional wisdom, neither the Electoral College nor the two-senators-per-state artifacts resulted from a split between big states and small states.   

In the late 1700s and early 1800s, the split was between North and South. 

And because Southern states had far more slaves than slave owners, they feared being perpetually outvoted at a time when only white men who owned property could cast ballots.     

Enter three major compromises: (a) counting slaves as three-fifths of a person, (b) giving every state an equal number of Senate seats regardless of population, and (c) choosing presidents through an “Electoral College” rather than by popular vote.   

Together, these anti-democratic compromises are a large part of why today’s Supreme Court can ignore public opinion and strip half the population of a constitutional right they’ve relied upon for nearly half a century.   

Of the five justices likely to overturn Roe, four were appointed by presidents who lost the popular vote — but won the office via the Electoral College.    

Nikki Tran of Washington, holds up a sign with pictures of Supreme Court Justices Clarence Thomas, Brett Kavanaugh, Samuel Alito, Amy Coney Barrett, and Neil Gorsuch, as demonstrators protest outside of the U.S. Supreme Court, Tuesday, May 3, 2022, in Washington.

And they were confirmed by an unrepresentative Senate in which the 44 million Americans who live in California get two senators, while the 1.6 million people who live in the Dakotas get four.   

And because highly conservative minorities are now in the driver’s seat, returning the issue of abortion to the states promises to unleash a tsunami of extremism.

More:If Roe v. Wade is overturned, Republican lawmakers want to ban abortion in Ohio


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