No, Abortion is Not a "States' Rights Issue," Here's Why

In the aftermath of the Supreme Court's decision to overturn Roe v. Wade, a chorus of celebration erupted from the conservative corner of America. The triumph was substantial, the cries of victory deafening. Republican leaders and right-wing pundits proudly declared that the matter of abortion had been "returned to the states."

This newfound rallying cry echoed through legislative halls and conservative media outlets—even throughout churches, Protestant and Catholic alike—with many drooling mouths heralding that the battle was won, the issue resolved. States, they argue, are now free to regulate or outlaw abortion as they saw fit.

But beneath this triumphant facade lies a disconcerting reality—the problem of abortion has not been solved. It has merely been shifted, rebranded, and handed over to state legislators, most of whom remain deeply divided on the issue. While some states have enacted stringent anti-abortion laws in the wake of Roe's demise, others have not only preserved but expanded access to abortion.

This patchwork of laws means that the unborn are protected in some states and left vulnerable in others. The notion that the issue is resolved is a dangerous illusion, a dangerous delusion, and it is time to dismantle the myth that abortion is a “states' rights issue.”

It is true that some states have stepped up to the plate, enacting potent anti-abortion measures that reflect a commitment to protecting the sanctity of life. These states have become strongholds for the pro-life movement. Yet, here is the inconvenient truth in all of this, in direct contrast, other states have swung the pendulum in the opposite direction, creating safe havens for murder on demand. This disparity creates a moral and legal quagmire—one that reveals the inadequacy of the “states' rights” argument.

Think about this, the fact that it is not particularly difficult for a woman in a state with strict anti-abortion laws to travel to a neighboring state with more permissive laws. The supposed victory of returning the issue to the states falls apart when one realizes that abortion remains easily accessible. A woman in Texas, for instance, can simply drive to New Mexico. The problem has not been eradicated, it has merely been relocated.

But the federal government has a constitutional duty to protect life, a duty that transcends state boundaries and political convenience. The 14th Amendment explicitly states that no state shall "deny to any person within its jurisdiction the equal protection of the laws." Life is a right granted by God and the Constitution guarantees that the U.S. government will defend that right.