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On her blog Asymmetrical Information, Megan McCardle has two strong items on abortion. One argues that the sure way to reduce the number of abortions is to make them illegal, since roughly half of abortions are performed on women using no protection. Her argument is that since abortions are relatively cheap and easy to obtain, there isn't much downside to avoiding contraception and therefore getting pregnant. Her second item deplores the fact that the Alito hearings were so obsessed with Roe v. Wade that other issues were avoided:
Are we debating the scope of executive power? The limits to congressional fiat? The rights of people to be free from searches? The wild extension of local power represented by the Kelo decision? The detention of prisoners in the War on Terror? The rights of people who, while nominally citizens, have de facto declared war on the United States? No, we can't, because apparently the only important legal issue in the entire country is whether or not a woman must, or must not be forced to, notify her parents and/or husband when she decides to terminate her pregnancy. This, my little chickadees, is what has become of the majesty of American law: nine justices quibbling about whether an abortion law needs an exemption for medical emergencies in order to qualify for the magical penumbras of constitutional protection.
Posted at 12:01 PM by John Leo
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