This morning the Supreme Court ruled 5-3 that the state of Texas acted unconstitutionally when it passed restrictions on state abortion clinics, holding them to higher infrastructure and administrative standards. It’s a victory for the abortion lobby, certainly. But can it really be considered a victory for women, or health, or democracy?
No, it cannot. And that is perhaps one of the clearest realities coming into focus with the contemporary abortion movement: Increasingly, its legal and political triumphs depend on making women and families more vulnerable to exploitation and making communities more at the mercy of corporations and lobbyists. There was a time, not that long ago, that the country’s foremost abortion rights advocates preached about “safe, legal, and rare.” But for decades “safe” and “rare” have been ruthlessly assaulted, both in rhetoric and policy. The Court’s decision, mainstream media silence and equivocation about Kermit Gosnell, and the Planned Parenthood video sting have exposed an industry utterly apathetic, at best, about safety and abortion alternatives.
It turns out, as I’ve said before, that “safe, legal, and rare” was mostly a smokescreen that obscured the real moral argument that has always been at the foundation of abortion rights philosophy. “‘Safe, legal, and rare’ was a carefully crafted slogan, built to elicit both protective instincts from activists and empathy from those unsure about it all,” I wrote back in March. “But a fault line ran through the very heart of this kind of rhetoric: If abortion should be legal and safe, why should we want it to be rare?”
The logical answer is, of course, that we shouldn’t. And that is the self-awareness that many in the pro-choice movement seem to (slowly) be showing. A few hours after the Supreme Court handed down their ruling, the official Twitter account for The Daily Show–the show that made Jon Stewart famous and regrettably institutionalized the role of the comedian commentator–signaled their Sexual Revolutionary virtue loud and clear:
In order for this to be funny, you have to first think that abortion is funny, and then, more literally, the idea of impregnating a woman merely for the purpose of later aborting. Hilarious, right? This is the kind of humor that the pro-choice camp of the 1990s would urgently disavow, on the grounds that it trivializes the moral and and emotional weight of choice. But in 2016, this joke is actually mainstream. Why? Because the abortion lobby has begun to accept its own logic. There is nothing to grieve or be silent about here. The Court merely affirmed the right of adults to get rid of tiny little Nothings that make life more difficult. Move along.
It’s easy to dismiss a tasteless Tweet. It’s not as easy to dismiss the entire legislative and moral ethos from which it springs. The pro-choice Left’s extremism has attacked every imaginable human resource for in controlling and preventing abortions, except for birth control, a substance so precious that apparently even nuns must agree. Earlier this year in Kentucky, Matt Bevin, the new Republican governor, discovered that a new Planned Parenthood clinic had been offering abortions without the required licensing. Apparently, this unlicensed operation was carried out with the approval of Bevin’s Democratic predecessor. When the clinic temporarily halted services, the abortion lobby in Kentucky and elsewhere lashed out at Bevin for endangering women. Catch that: The governor who caught the medical provider operating without a license is the one who is putting people at risk.
Pro-lifers have said for decades that the debate over abortion is not a debate about choice or liberty, but about what it means to be human person. That is the debate the pro-choice side has athletically avoided having. One of the provisions of Texas HB 2, the bill whose clinic standards were thrown out by the Court, was a comprehensive ban on abortions after 20 weeks. Interestingly, the suit brought against Texas did not challenge that provision, and most commentators think that was because the plaintiffs did not expect to win such a challenge. A 20 week ban on abortions, after all, makes compelling political sense, given what modern technology has revealed about human life at that stage.
Punting on the question of personhood and instead creating enemies for Roe v Wade to knock down has indeed been the pro-choice Left’s playbook for quite a while. But how long can it last? How long can a movement that has for so long been drenched in pretense sustain itself? How long until we get the national conversation that we need, the one about the person we see, so clearly, on the ultrasound?
If the nervous laughter of The Daily Show and Planned Parenthood is any indication, it could be coming sooner than we think.