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Sending abortion up to the state

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Brett Kavanaugh was tasked with the job of putting the moderate spin on Court’s decision to overrule Roe v. Wade. But even in that context he admitted what Republican elites have mostly tried to deny or obfuscate when discussing the consequences of overruling Roe v. Wade:

On the question of abortion, the Constitution is therefore neither pro-life nor pro-choice. The Constitution is neutral and leaves the issue for the people and their elected representatives to resolve through the democratic process in the  States or Congress—like the numerous other difficult questions of American social and economic policy that the Constitution does not address.

The Supreme Court would uphold any abortion ban a Republican president and Congress end up putting on their desk, and as to whether it’s going to be a top priority for the next trifecta, well:

After saying that “life won” on Friday, Pence, who is considered a potential GOP contender in the 2024 presidential election, went one step further by arguing the court’s decision in Dobbs v. Jackson Women’s Health should lead to a national ban on abortion.

“Now that Roe v. Wade has been consigned to the ash heap of history, a new arena in the cause of life has emerged, and it is incumbent on all who cherish the sanctity of life to resolve that we will take the defense of the unborn and the support for women in crisis pregnancy centers to every state in America,” he said to Breitbart. “Having been given this second chance for Life, we must not rest and must not relent until the sanctity of life is restored to the center of American law in every state in the land.”

And if Congress can’t get a national ban passed, the odds are that the judiciary will eventually take care of it themselves.

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