
<p>It was dramatic … stunning. ; After 50 years, the controversial decision in the case of Roe v. Wade has been overturned. ; The issue was not whether abortion should be legal. ; It did not ban abortions. ; It did not even establish limitations on abortion.</p>



<p>This commentary does not deal with the moral issues because that was not a factor in the Supreme Court’s decision. ; In many ways, the decision was not about abortion itself. ; The question was whether an abortion is a constitutional right &#8212; a technical legal question. ; There are all kinds of legal things we do that are not constitutional rights – including driving a car. ; ;</p>



<p>Since it was decided in 1973, there has been a shadow of uncertainty over the legitimacy of the decision. ; No stronger advocate of abortion than Justice Ruth Bader Ginsburg expressed her concern … her belief … that Roe v. Wade could be overturned on a technicality. ; The decision failed to meet and cite the necessary traditional constitutional grounds.</p>



<p>The current Supreme Court decided that Roe v. Wade was wrongly decided because it elevates abortion to a constitutional right – and that the legality of abortion really rests with the people through the legislative process. ; That means states could legislate abortion according to the perceived wishes of the people – manifested through those they elected to the state legislatures. ; A national standard could be established by Congress – by the vote of the legislators elected by the people.</p>



<p>In other words, the legality of abortion is still subject to the will of the people. ; And that creates a conundrum for the pro-abortion community. ; While they point to polls that suggest legal abortion is supported by more than two-thirds of the public, they seem befuddled by the fact that most state legislatures significantly restrict and even ban abortions. ; They seem mystified by the fact that pro-abortion legislation fails to get traction in Congress.</p>



<p>The reason is that their claims of public support are grossly exaggerated. ; In fact, most Americans do not approve of abortions after the first trimester – with some 80 percent opposing abortion in the third trimester. ; The gruesome near birth abortions have almost no support at all.</p>



<p>As I have written in previous commentaries, the abortion issue is not a vote driver. ; The one-issue abortion voters on both sides are a very small percentage of the vote. ; They sort of cancel each other out – and have little impact on the final vote count. ; With the overturning of Roe v. Wade, the same vocal minority are relying on abortion to be a deciding factor in the November midterm elections.</p>



<p>I doubt it. ; We may have gotten a hint of reality in the fact that the leaked decision has been out for weeks – with pro-abortion activists taking to the airwaves and the streets predicting that it will be a front-burner issue in November. ; And yet, the polls continue to show a big election day victory for conservative Republicans. ; Virtually all those state legislatures proposing and passing abortion restrictions will likely remain in the hands of the same legislators.</p>



<p>In the wake of the Supreme Court decision, there will be a lot of anger and protest – perhaps even violence. ; None of that will restore Roe v. Wade. ; None of that will increase support for abortion in the states – even those states that will maintain legal abortions for their residents.</p>



<p>The debate over abortion will continue for decades to come. ; Abortion is still a legal option to be determined by the democratic process – but not an inalienable right. ; Regardless, there is not likely to be another Roe v. Wade decision in the foreseeable future.</p>



<p>So, there ‘tis.</p>

Roe v. Wade overturned . but does not end abortion-on-demand
