The Corner

Politics & Policy

Abortion and Legislative Precedent

Williamson’s Second Law: “When Democrats are in power, they act like they’ll never be out of power, and when Republicans are out of power, they act like they’ll never be in.”

I wonder whether it has occurred to Democrats hysterically demanding that Congress “codify” a national right to abortion through legislation are simply pre-establishing congressional authority over the issue — about seven months before a Republican majority is likely to be sworn in.

If a Democratic Congress has the authority to mandate abortion rights in every state (and I do not believe that it legitimately does) in June of 2022, then the same legal theory that establishes that power surely must invest in a Republican Congress the power to enact a national prohibition of abortion in January 2023.

Be careful what you ask for, Democrats.

Kevin D. Williamson is a former fellow at National Review Institute and a former roving correspondent for National Review.
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