Recently we marked the first anniversary of the Dobbs v. Jackson Women’s Health Organization landmark decision that overturned Roe v. Wade, which I applaud. The Supreme Court ordered a return of the power to regulate all aspects of abortions to individual states.
Thus, electing more Democrats or Republicans to Congress or the White House would make no difference on this issue. Decisions must be made by each state’s legislature. To do otherwise would clearly be unconstitutional.
Another option is to change the constitution with an amendment. That is it.
So, why do politicians make promises they know they cannot fulfill? I hope I do not seem cynical with this question, but at times blunt remarks are necessary.
We have had an election turn on this falsehood (that members of Congress can now change abortion laws). I can see these same politicians seeking to repeat this fallacy to gain advantage in the 2024 elections and that is of grave concern to me.
The election results of 2022 should have never happened. The Republicans should have won the Senate along with their victory in the House. The nation was screaming for a change of direction. It cries for that even more today. According to recent polling, only 18% feel we are going in the right direction as a nation, which must be a record low.
Republican control of the Senate would have allowed Congress to put on the desk of President Joe Biden meaningful legislation that would change the course of America. Because of the split decision between the House and Senate back in November, Senate Majority Leader Chuck Schumer’s caucus simply has to do nothing. They can allow legislation passed in the House to never “see the light of day.” This is most unfortunate.
How did we get here? It is mainly due to the political malpractice of GOP senators who introduced discussions on partisan Social Security changes and abortion restrictions. It is the latter that disturbs me the most.
Attempting to make abortions a congressional issue – by advocating for a federal law that restricts abortions – is not a wise strategy. Even if passed it would be deemed unconstitutional. Why? Because of the Supreme Court’s Dobbs decision. Dah!
Today pundits concede what was obvious the day after the elections. The GOP defeats were not due largely to “weak” candidates, former President Donald Trump being a loser factor, or the “color of the sky” factor. It was simple.
Young women made it their point to come out and vote and they did vote overwhelmingly for Democrats in hotly contested states. Abortion rights groups had raised abundant funds, which, combined with grassroots support in just a handful of pivotal states, carried the day for the Democrats. Nevada Sen. Catherine Cortez Masto recently stated on national television that she won because of the abortion issue. Period.
Guess what some of these folks are doing now, especially the Democrats? They are seeking a repeat. Biden is pushing for a federal law that would enshrine abortion rights across the nation.
What would happen if Biden’s flawed proposal, as well as that of South Carolina Sen. Lindsey Graham (author of a federal bill banning abortions), would pass?
Maybe these politicians remember what they did in the 1990s when they served in Congress with me. They passed the Line Item Veto Act in 1996. It was a clear example of how Congress could pass a bill and the president could sign it, yet that did not necessarily mean it became the law of the land. Upon being challenged and reviewed, the Supreme Court determined it was unconstitutional, thus negating it from becoming law.
Back in 1994 as part of the Contract with America, the Revolutionary Class of Republicans had as one of their 10 items to accomplish within the first 100 days, the Line-Item Veto bill. We strongly believed that it would get rid of a lot of wasteful government spending by allowing the president to sign a bill into law after he had “put a line through (or crossed out) parts of the bill that he did not agree with.” Then Congress had to have a re-vote on the line-items that had been vetoed by the president. Congress had to attempt to override the president’s veto. Great idea!
Yes, every GOP member of Congress voted for it. The problem was that institutionalists like West Virginia Sen. Robert Byrd knew it was unconstitutional – it gave the president too much power. We passed it and Byrd challenged it at the Supreme Court. He won; the GOP lost.
Here is the significant difference. When we energetically passed the Line-Item Veto Bill we were not sure if it was going to pass the Supreme Court’s scrutiny.
But now in 2023, those promoting a federal abortion plan know it would be unconstitutional. Why? Because the Supreme Court has already made that known in the Dobbs decision.
My concern is that with only 18% of Americans feeling that we are heading in the right direction as a country, the will of the other 80% must not be thwarted by political trickery.
Democrats know it works, however. Just ask Cortez Masto. She will tell you how she won her re-election.
Gary Franks served three terms as U.S. representative for Connecticut’s 5th District. He was the first Black Republican elected to the House in nearly 60 years and New England’s first Black member of the House. He’s host of the podcast “We Speak Frankly” and author of “With God, For God, and For Country.” Reach him on Twitter @GaryFranks. His column does not necessarily reflect the opinion of The Lima News editorial board or AIM Media, owner of The Lima News.
