JOHN YOO: Democrats and Republicans don’t understand: Each state must decide about abortion.
Last spring, as the Supreme Court’s overturning of Roe v. Wade loomed, Chuck Schumer made the mistake of attempting to federally impose abortion rights nationwide. Now, Lindsay Graham wants to return the favor by seeking to ban all abortions after 15 weeks of pregnancy. Both abortion rights and antiabortion proposals assault the constitutional structure, which protects the right of the states to decide fundamental moral issues. . . .
As Justice Brett M. Kavanaugh wrote in a concurrence that provided the crucial fifth vote to overrule Roe, “The Constitution is neutral and leaves the issue for the people and their elected representatives to resolve through the democratic process in the states or Congress — like the numerous other difficult questions of American social and economic policy that the Constitution does not address.”
Graham’s bill, like Schumer’s, simply seeks to avoid the hard political work of making good-faith arguments, with the goal of persuading Americans on the fundamental moral question of abortion.
Yep.