Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Year-End Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

May 24, 2021

Which Party Gains if Roe Goes Down?

The partisan battle lines couldn’t be clearer. Republicans want an end to Roe and the abortion regime it instituted; Democrats want them upheld.

For the first time since 1973, the Supreme Court will decide whether a broad abortion ban — not just a regulation restricting its availability, funding, or method — is legal. If a majority of the court upholds a Mississippi law banning non-emergency abortions after 15 weeks of pregnancy, a key pillar of US abortion policy for the past half century will fall.

Across the political spectrum, therefore, the case — Dobbs v. Jackson Women’s Health Organization — is being seen as a watershed in the nation’s long conflict over abortion.

“This case is a direct threat to Roe v. Wade,” declared NARAL Pro-Choice America. “It doesn’t get any scarier than this.” Leading Democrats, blasting the court’s decision to hear the case, have warned that “the consequences will be devastating” if the Mississippi law is sustained, that women’s rights “are under attack and threatened,” and that “Congress must step up to enshrine Roe into federal law.”

From the right, meanwhile, have come cheers at the prospect of Roe’s demise. Republican stalwart Henry Olsen wrote in the Washington Post that “the court should … do its constitutional duty: Uphold the law and overturn Roe.” Senator James Lankford of Oklahoma, deploying the hashtag “#ProLife,” hailed the justices’ decision to hear the Mississippi case as “a huge step forward.” Editorialized National Review, the prominent conservative journal: “A majority of the Court knows that Roe is nonsense. It is past time for the justices to say so.”

So the partisan battle lines couldn’t be clearer. Republicans want an end to Roe and the abortion regime it instituted; Democrats want them upheld.

But is that — in political terms — what they should want?

For many people, of course, the issue of abortion is not about politics but about right and wrong. Millions of Americans regard the protection of life in the womb as a moral imperative; millions of others feel the same way about protecting a woman’s right to end an unwanted pregnancy. As Gallup has documented for years, the public splits down the middle when respondents are asked whether they consider themselves “pro-choice” or “pro-life.”

Still, there is no denying that abortion has become intensely politicized, in a way it never was before Roe was decided nearly 50 years ago. And not only politicized, but polarized. In the Roe era, the GOP became explicitly antiabortion: Its platform proclaims “that the unborn child has a fundamental right to life which cannot be infringed” and advocates amending the Constitution to ban nearly all abortions. Democrats, meanwhile, became adamant defenders of unrestricted abortion rights, which their platform supports “unequivocally.”

Unlike the two parties, most Americans are not nearly so absolutist. Survey data is remarkably consistent: Broadly speaking, voters want abortion to be legal early in pregnancy or when there is a medical emergency, but are against both banning abortion outright or permitting it without limit. That’s probably what abortion policy in the United States would look like today, if the Supreme Court hadn’t snatched the whole issue out of the political arena and carved a sweeping “right to choose” into constitutional granite. In most developed nations, abortion is permitted along lines roughly comparable to the Mississippi law. And because the policy was shaped through democratic debate and politics, it enjoys broad acceptance, rarely if ever generating the intense fury and turmoil we experience in this country.

Paradoxically, Roe has proved a boon to the Republican Party that so fervently condemns it. As long as the high court has declined to overturn or substantially curtail its 1973 landmark, GOP politicians have been able to talk the talk of anti-abortion extremism, without having to face the repercussions of walking the walk. With Roe in force, Republicans have been able to clamor for laws that would ban most abortions, secure in the knowledge that they won’t be allowed to stand. They have also been able to promote the kind of reasonable regulations most voters do support, such as requiring parental consent for minors or barring abortion for sex-selection, knowing that Democrats will take the unpopular stand of opposing them.

But if Roe is overthrown, Republicans will lose the ability to call, cost-free, for sweeping prohibitions on abortion. If the issue returns to the political arena, GOP leaders will face a painful dilemma: Do they betray their fervent pro-life base, or pay the price of ignoring the far larger, but much less doctrinaire, mainstream?

For Democrats, by contrast, an end to Roe would mean liberation from always having to defend the most inflexible prochoice positions. No longer locked into defending Roe at all costs, Democrats would be free to support the moderate abortion regulations that most Americans are comfortable with. And they could stop excommunicating the pro-life Democrats who were once such a significant component of the party.

Those who wish for an end to Roe and those who wish to see it affirmed may well be deeply sincere. All the same, a post-Roe world is apt to be less congenial to the GOP that craves it, and not nearly as challenging to the Democratic Party that doesn’t.

(Jeff Jacoby is a columnist for The Boston Globe).

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.