America’s Pro-Life Movement: an Attempt to Expand a Window

Over the past few months, America has stepped backwards. Alabama, Georgia, Kentucky, Louisiana, Mississippi, Ohio, and Utah have passed laws restricting abortion, even in severe cases. Last week, Time Magazine stated that the extreme law passed by the Alabama legislature “[makes] performing an abortion a felony in nearly all cases unless necessary for the mother’s health” and “provides no exception for rape and incest.” Many have argued these new laws are unconstitutional because they strip women of their right to an abortion ensured by past Supreme Court rulings.

In 1973, the Supreme Court’s monumental decision in the Roe v. Wade case legalized abortion, stating it is apart of a woman’s right to privacy that is declared in the Fourteenth Amendment’s due process clause. Since, challenges to abortion haven’t ended. The Court’s ruling in the Planned Parenthood v. Casey case in 1992 affirmed Roe v. Wade, relying on stare decisis, but added that states can make restrictions on abortion as long as the restrictions do not place an “undue burden” on the woman. Because the “undue burden” clause is vague and leaves room for states to interpret, it has caused constitutionality disagreements when crafting legislation.

Today, politicians legislate anti-abortion bills in an effort to protect the “sanctity of life,” often for religious purposes, as Alabama’s governor, Kay Ivey, stated. They also view the makeup of the current Supreme Court as an opportunity for change. The recent conservative appointments, including Justice Kavanaugh, may increase the likelihood that the Court allows these extreme laws against abortion to stand. These radical politicians hope their laws can expand the Overton window. Joseph Overton, a public policy specialist that coined this metaphorical window, concluded that if lawmakers “move the window of what is politically possible…those policies previously impractical can become the next great popular and legislative rage” (Mackinac Center for Public Policy). Today’s anti-abortion politicians hope that if their laws are challenged by the Court, at least they may widen the domain of what is politically acceptable and able to pass. At least, they may gain some ground.

The anti-abortion movement in America is growing. Not because of new ideas. Not because of new people. But because of the current circumstances of the Supreme Court and hopes of expanding a window.