WASHINGTON BULLETIN
 
October 21, 1999 11:45PM
SPLIT DECISION
"It is now clear what the true agenda of the anti-choice members. . . really is," Sen. Tom Harkin said today. "They want to criminalize choice." That's right: When anti-abortionists have their way, nobody will ever be allowed to exercise choice again. Not over who to marry, what careers to go into, what flavor ice cream to eat. Nope. You're having butter praline. Gary Bauer and the Pope have decided for you.

That Harkin (who himself briefly opposed abortion at the start of his congressional career) couldn't bring himself to use the a-word points to the silver lining in a minor pro-life defeat today. The defeat was that passage, by a vote of 51-48, of a nonbinding resolution declaring, "It is the sense of the Congress that Roe v. Wade was an appropriate decision and secures an important constitutional right and such a decision should not be overturned." Eight Republicans (Ben Nighthorse Campbell, John Chafee, Susan Collins, Jim Jeffords, Olympia Snowe, Arlen Specter, Ted Stevens, and John Warner) voted for it; two Democrats (John Breaux and Harry Reid) voted against it.

Pro-lifers will be demoralized by this vote, which demonstrates that they cannot get the Senate to endorse their principal political objective even with the Republicans in power. But Roe remains constitutionally laughable, and no vote of the Senate-or the Supreme Court-can change that.Pro-choicers who take the Constitution seriously are embarrassed by Roe. Theirs is a respectable position. But they have almost no political power, as this vote shows. To put it another way, the vote shows once again that pro-choicers are so committed to abortion that they are willing to shred the Constitution to promote it.

And how great a victory is it for them, really, to get 51 votes? It has been almost 29 years since Roe v. Wade, 29 years since the Supreme Court overturned the abortion laws of all fifty states and presumed to settle the issue once and for all. Seven years ago, the Court said that protestors should "put down their placards," shut up, and go home; the Justices had spoken, and abortion-on-demand had become woven into the fabric of American life. Even so, almost half of the Senate says no. Compare this to another landmark case, Brown v. Board of Education, that worked a vast social change and inspired bitter resistance. Can anyone imagine half the Senate voting against Brown in 1982? The debate over abortion has not been ended by the Court's decrees.

But then, Harkin's resolution, like his quote, doesn't mention "abortion." It mentions Roe, a decision most voters don't know much about. Whenever the debate shifts from abstraction and case law to the reality of what is done in abortion, the pro-abortion side starts losing. That's why Harkin offered his resolution: as a distraction from the bill banning partial-birth abortion, which passed 63-34.

DEPARTMENT OF SELF-PARODY
Daniel Singer in the November 1st Nation: "Socialism did not die in Eastern Europe for the simple reason that it never lived there."

Updated By:
Ramesh Ponnuru - Senior Editor
John J. Miller - National Political Reporter
Kate Dwyer - Editorial Associate

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