Federalism May Offer Abortion Solution

By Radley Balko
Fox News

When the confirmation hearings for Supreme Court nominee Samuel Alito begin in January, much of the debate will focus on the issue of abortion.

Alito has been nominated to replace Sandra Day O'Connor, one of the six justices who reliably voted to uphold Roe v. Wade. It's unfortunate that abortion will dominate so much of the discussion about Alito. It's unlikely that a case offering the opportunity to undo Roe will come before the Supreme Court any time soon, and even if it should, Alito's confirmation would put the unofficial Supreme Court abortion scorecard at 5-4, enough to keep Roe intact. The abortion debate obscures more pressing issues far more likely to come before the Court.

Nevertheless, because abortion will be front and center, I'd like to offer an approach to the issue that will probably elicit reservations on both sides of the debate, but one I think is fair, grounded in the reality of contemporary politics and, most importantly, loyal to the Constitution.