On January 22, 1973 the United States Supreme Court in the case of Roe v. Wade and in the companion case of Doe v. Bolton made up a Constitutional right to abortion out of thin air. There was nothing in the Constitution forbidding the states from regulating abortion, and the states had so regulated, and often criminalized, abortion since the inception of the Republic. Roe and Doe were terrible crimes against the unborn, but they were also blows against the most precious civil liberty Americans possess: the right to rule ourselves.
If Roe were overturned, the abortion regime of abortion on demand would be limited to a handful of states. Some states would ban abortion outright in almost all cases. Most would bring abortion under ever growing restrictions that would shrink the number of abortions performed. One of the prime defenses of abortion currently, that is a Constitutional right, would be no more. Pro-lifers would be free to focus on the ugly reality of abortion without fear that Federal courts by judicial fiat would upend hard won pro-life legislation at the state level.
How do we get there? Two main paths that I can see.
Gain a majority on the Supreme Court to accomplish this. Assuming that President Trump nominates a pro-lifer, we will be one vote away from this goal. Considering the ages of the justices it is quite likely that Trump will have another two nominations in the next four years.
The second is to have the States call a Constitutional Convention. The Republicans are quite close to having the states necessary to call for a Constitutional Convention. A radical step? Indeed. However, unless we wish to have our government descend into rule by black robed oligarchs, it may be necessary,
Congress could also simply expand the number of Supreme Court justices or could strip jurisdiction over abortion cases from the Supreme Court. FDR’s attempt to pack the Court left such a bad taste on expanding the Court, I doubt if the Senate would do it. Court stripping legislation has never been fully tested in the Courts. Once again these are radical steps, but they may prove necessary. The drawback with this approach is that what one Congress can do, a future Congress can undue.
In any event, the pro-life forces are now in a position of political strength greater than any time since 1973. Now is the time for action.