In a series of pieces in Balkinization, Professor Jack Balkin of Yale Law School goes into detail on the constitutional aspects of the Schiavo case. But his closing words on one particular entry were particularly acute:
“Finally, the Congressional Republicans’ moves also suggest that if Roe v. Wade were overturned, the matter would not be left to the states, as so many pro-life politicians have advocated in the past, but would quickly become a fight over federal legislation outlawing abortion nationwide. Don’t say I didn’t warn you.”
Indeed. This is more than just Tom DeLay and his henchmen grandstanding to please their base: it’s a real test of the US Constitution.