Schiavo, Roe, and Federalism

Everything related to the Terri Schiavo case is covered by the Decembrist's first rule: If I don't have something interesting to say, that hasn't been said several times by others, leave it alone. And generally I don't just quote from other people. But this post from the American Constitution Society blog seemed worth noting:

If Roe Falls, Would the "Culture of Life" Trump Federalism Yet Again? by Sarah C. von der Lippe

Republicans acknowledged that the intervention was a departure from their usual support for states' rights. But they said their views about the sanctity life trumped their views about federalism. ("Congress Steps In on Schiavo Case, Lawmakers to Pass Bill to Resume Feeding, Allow Court Review", By Mike Allen and Manuel Roig-Franzia, Washington Post Staff Writers, Sunday, March 20, 2005; Page A01)

This piece of reporting highlights a terribly important bit of legal hypocrisy on the part of right-wing conservatives. Everytime they call for appointment of judges to the Supreme Court who will overrule or undermine Roe v. Wade, they assert that the matter should be left to the states. They assert that even if Roe v. Wade is overturned, it won't eliminate abortion in the states in which the duly elected state representatives do not take steps to outlaw the practice. But the Schiavo case reveals the true priorities of the right: they are happy to abandon the principles of federalism if the issue is related to questions of "life." But if they are willing to cast aside federalism in the Schiavo case, won't they be willing to do the same in the context of abortion? And if they are, won't that inevitably lead to attempts to pass federal legislation banning abortion? The actions of conservatives in the context of the Terri Schiavo case should give us pause as Bush nominates new justices to the Supreme Court -- especially, given conservatives' admitted goal of denying women's constitutional right to privacy and reproductive choice.

Good question.