The Supreme Court of the United States ruled in a 6-3 vote to overturn Roe v Wade, in June of last year. The ruling was seen as a disaster for pro-abortion activists. From a constitutional perspective, it simply applied the 10th Amendment principles.
What the 10th Amendment Says About Abortion
The pivotal case, Dobbs versus Jackson Women’s Health Organization, held that the final decision was left to the states. It was consistent with the 10th Amendment wording. “The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved for the states respectively, or to the people.” In other words, the individual states have the final word on this issue.
The hoopla given by leftist news organizations, MSNBC and CNN would suggest that Dobbs signified a nationwide ban on abortions. Nothing could be further from the truth!
The Ruling’s Immediate Impact
To determine the fruits of the ruling, one needs to look no further than Colorado where 14,154 abortions were performed in 2022. This was the highest total since 1985. Two out of seven abortions, or 28%, were performed on out-of-state residents, including 2,418 from Texas, a 938% increase from 2020’s total of 233.
Aurea Bolanos Perea, the spokesperson for the Colorado Organizations for Latina Opportunity and Reproductive Rights (COLOR), said the state can handle the increased demand. “It means what we have in place — not only is it great, but it’s also only going to get better because we have been able to provide this care,” she said.
Without question, Colorado’s lax abortion restrictions will attract new people to the state. Colorado Politics reported that 298 recipients were from Wyoming, 198 from Oklahoma, 145 from New Mexico, 140 from South Dakota, 125 from Nebraska, and 122 from Kansas.
“The latest CDPHE abortion numbers show the heartbreaking consequences of Colorado’s radical pro-abortion legislative agenda of the last few years,” Marcie Little, Colorado for Life Co-Founder & Executive Director, wrote. “It should horrify Coloradans to know that while other states have acted to save innocent unborn lives, we’ve become THE destination for abortion not just in the United States but around the world.”
This notwithstanding, Governor Jared Polis signed a bill mandating statewide abortion access in April 2022. A law that stops Colorado state agencies from helping abortion investigators from other states was enacted in April 2023.
The bottom line: Under the 10th amendment, the state has exclusive jurisdiction on this issue, as it has on other sensitive issues such as education and marijuana.
Potential 2024 Electoral Impact
The Democrats and their corporate media friends insinuated that Dobbs would signal the end of a woman’s right to choose. This is simply not the case! True, it will put a damper on organizations such as Planned Parenthood. But the overall impact will be much more nominal than feared by pro-abortion activists.
How Republicans react to it may determine both the nomination and the general election results. Florida’s recent passage of a six-week ban mirrors Texas’ law. More “red” states are adopting 12–15-week bans. Twenty years ago, these measures would have been seen as moderate.
Today, both Senator Michael Bennet and President Joe Biden have linked restrictive abortion laws to military recruiting. They contend that it is evidence enough to return the Space Command GHQ to Colorado Springs!
Donald Trump has reminded us that his position on abortion is reminiscent of Ronald Reagan’s stance. This amounted to opposition to abortion except in cases of “rape, incest or if the mother’s life is in jeopardy.” It is a near certainty that the former president will fall back on the 10th amendment if cornered by pro-life activists.
Conversely, challenger Ron DeSantis may be boxed in by Florida’s new “heartbeat” standard. Millions of independents are still sorting out the impact of Dobbs. It’s probable that most find it refreshingly federalist. To see Colorado’s application in action is reassuring for many. It also takes a lot of wind out of the sails of critics seeking to misrepresent the true impact of the ruling.
Conservative pragmatists may even use the example of Colorado’s abortion solidarity in their argument for increasing control of public education by the individual states. This could serve as the “first nail” in the coffin of the Department of Education, whose elimination has been on the top of the conservative wish list since the time of Reagan.
