Alas, the Governor of Oklahoma has vetoed the law making of abortion a felony in most cases. However, the reason seem to be the way the law is formulated – too vague and too open to challenges – rather than the principle in itself. It might be just an excuse, of course. But the sounds are encouraging.
We need this kind of legislative activism. History shows us that constitutional courts all over the West “adapt” their interpretation of the Constitution to the popular mood. If they do it when the results are evil, they can do it when the results are good, too.
Roe vs Wade must be chipped away one piece at a time. It must be put under siege like it's Jerusalem in 1099. The entire US population must be made to see – and cheer – the soldiers and the catapults ready for the attack on the citadel.
At the same time, a favourite tactics of the Liberals should be used: the narrative of inevitability, of a tidal wave coming anyway, of the abortionists being “on the wrong side of history”. Laws made by the representatives of “We, the People” are a very good way on sending this message.
Soon, the perception would be created – and it would not even be wrong – of a Country seeking elementary justice, and stopped by justices stuck in an Evil Era. This is when the right justices will be appointed, and Roe vs Wade will be overturned.
Every legislative activism that works for the right side must be welcomed. The probability of survival in court of such laws are neither here nor there. Perceptions shape reality.
First create the right climate.
The right decisions will follow.