Rush Limbaugh wrote a self-congratulatory political tome in the mid-1990s entitled The Way Things Ought To Be. In it, he pointed out a very obvious problem: Roe v. Wade, by the nature of the powers it endows the Federal Government with to control activity within each state, is bad constitutional law.
Roe v. Wade is bad constitutional law. It’s going to be replaced, and there will be a lot of confusion as a result. Rather than having abortion declared legal by the decision of nine guys in black robes back in 1973, I think it should be a moral choice, decided by the people in a democratic fashion. I’ve suggested this to countless feminists and they all recoil in shock. I agree with the view, best articulated by Judge Robert Bork, that there is no basis in the Constitution for the privacy right which was announced as the foundational basis for the constitutional right to abortion. The framers were very specific as to the amendment process and there is definitely no provision for amendment by judicial fiat. Bork advocates judicial silence on the issue and says that the matter should be decided democratically, by the state legislatures. Liberals fear the democratic process because they don’t think the people will agree with their agenda.
Rush makes a mistake that many Conservative thinkers repeat. He is right on this issue (even if he says so himself) and therefore believes right will win in the end. His analysis suffers from two implicit fallacies.
First, not everyone is smart enough to realize or agree with the concept that America (before we were turned into Amerika) had fifty unique states, with deliberately different customs and laws, for good and noble reasons. Homogeneous diversity and Crowdism lead to demotism rather than enlightened and intelligent change. Everyone gets coated with a grey and tyrannical sludge of the lowest common denominator. We all get stuck with what the mob will find acceptable. This frequently and deliberately derails that which the smartest and most capable in our midst would find good.
His second fallacy is an unreasonably optimistic belief that good things actually have to happen. They don’t. Life is stochastic, not deterministic. It is agnostic, not moral. If it were moral, that might be regrettable. It might believe what I, Rush Limbaugh, or any other man-jack hiking down the street considered properly moral to be porcine offal. Reality is driven by complicated, uncaring laws of motion that we would only comprehend as the shadows of a Platonic Ideal we see as flickering images on a cave wall anyhow. The payoff here is that anything you don’t make happen doesn’t have to happen. This has no regard for how swell of an idea you or I may believe it to be. Oh, and stuff that you try to make happen could well explode in your face.
So how does one change the entire evil dynamic of a pushy gaggle of disingenuous bureaucrats shoving their government down your throat with a befouled toilet plunger? It starts with looking for some facet of their imperious surjection of their unwanted priorities that smacks grotesquely of baronially arrogance and overreach.
This engineering flaw in The Cathedral Deathstar should have certain characteristics that make it a vulnerability worthy of an all-out blitz. It should be logically, morally and procedurally difficult to defend with a straight face. It should be well known by even the marginally well-informed. It should inspire a significant level of intuitive and emotional disgust in at least a large plurality of the people and it should be within the power of the state or individual itching to run up the pirate flag to effectively challenge.
Roe v. Wade indubitably checks off the first three boxes. The Liberal Heretic argues from a somewhat Left-Of-Center position that the decision is a technological anachronism that in no way remains viable in the real world. Intellectually defending the actual jurisprudence is like watching Antipope Francis and then defending Papal Infallibility with a straight face. You keep waiting for Jon Stewart to put the clown nose back on and try to claim he’s just kidding.
Continued advances in medical technology make fetuses viable at ever earlier stages of pregnancy, shortening the window during which abortions can be performed under the Roe standard. It is possible to think that eventually gestation in an artificial uterus from conception may be possible. It is certainly reasonable to think that at some point, viability will come too close to the time a woman finds out she is pregnant to let her consider her choice, let alone accomplish an abortion procedure in time. Women rarely take a test before they miss a period, so the earliest detection seems fairly fixed. Similarly, on the other side, the continued erosion of privacy rights brings that whole concept into question. Privacy is constantly threatened by technology, social media and big business, and it is not certain which will win in the end. Pro-choice feminists have shot themselves in the foot it seems during the Brett Kavanaugh confirmation circus by turning the notion of privacy itself into a joke. That is exactly what they were doing when they analyzed his high school yearbooks for evidence of beer drinking and mocked his 10 year-old children in editorial cartoons.
Point two is The Cathedral’s own fault. Students no longer receive instruction on Roe v. Wade in Civics or Law classes. They get pre-approved religious catechism. One way or another, the issue is overexposed and burned into you like an involuntary jail-house tattoo. They made it a big deal. Now everybody knows about RVW and how The Supreme Court can rewrite the Constitution anytime they sit around dropping peyote.
Point three has been so well exploited by Project Veritas that I can mention Tissue McNuggets, or “I want a Lamborghini!” in relation to the abortion issue and everyone up to date on the issue gets my point of reference. If RVW is emotionally wired to the tissue aftermarket, the ID screams !EVIL! So not only is abortion now grosser than gross, it now also becomes a missing scale in the armor of the deep state dragon.
The Pro-Life Movement has decided to saddle up the cavalry and try and drive a lance through that particular hole in the armor. It’s a good model. Even if abortion is not your hill to die on. Liberals are like Hamlet after he went flying bat manure. Liberals practice Epistemological Relativism. This makes them blind to the fact that they are all simultaneously screaming “RHEEEEEEE!” in defense of absolutely subhuman and vile acts of evil. I mean, Neil DeGrasse Tyson and Paul Krugabe both approve, so who could object to the idea that it is a choice not a child?
So, OK, if abortion ain’t exactly boning me in the ear personally, what can I gain from the war Alabama just started with its new abortion restrictions? Well, you gain the idea that government-enforced rights, invented whole-cloth out of a SCOTUS Justices’ ideological fantasies, can be ruled as legally invalid and overturned. They can be challenged and either thrown out or preserved only via increasingly pyrhhic victories over increasingly large pluralities of the people. The moral validity of the government’s grasping hand is invalidated. Alabama wins a victory over centralized tyranny as soon as this abortion law even makes the deep state exercise most of its muscles. Making the Deep State defend a blanket entitlement to be putridly vile makes all of us cognizant of its truly vile putridity.
Therefore, if you want a redo of The Civil War on the basis of establishing State’s Rights, issues where the government can be simultaneously challenged on a legal plane, a moral plane and a viscerally emotional one as well become a way to degrade and delegitimize the opposition. Fewer people will desire or respect the decisions of an entity that is wrong, evil and simultaneously grosser than midget porn. Prove them wrong, and fewer people respect their intellect. Prove them iniquitous, and nobody believes they have a normative superiority. Prove them gross and nobody will even welcome their continued existence.
So Rush Limbaugh was slightly wrong. Abortion is not Amerika’s next civil war. Abortion is that Federal Garrison that refuses to leave Ft. Sumpter. It is the causus bellum for a wide coalition of people who have waited for the opportunity to take these smug, arrogant, disingenuous, unrespectful bastards down a peg or three. The Alabama Abortion Law may well be the spark that sets of the dynamite. A lot of people the Deep Staters didn’t account for have been quietly and grimly waiting, weapons in hands.