National Review Online
Tuesday, December 07, 2021
Elizabeth Prelogar, the solicitor general
of the United States, said it almost in passing during last week’s oral
argument at the Supreme Court. Responding to a question from Justice
Clarence Thomas, she explained that pregnant women have a threefold “liberty
interest” in abortion. The right to abortion keeps women from having to go
through pregnancy, to go through childbirth, and “to have a child out in the
world.” Notice how that third interest is framed. The “freedom” that Roe
v. Wade promises — that it insists the Constitution protects —
includes not only the freedom from having to raise an unwanted child but the
freedom from knowing that someone else is raising her.
It includes, that is, freedom from
adoption. Our abortion debate tends not to focus on this point. When it comes
up, the last few days suggest, the reaction from supporters of abortion is unreasoning
fury. Witness the spittle that came flying Justice Amy
Coney Barrett’s way after she raised an entirely
sensible question about the Court’s abortion jurisprudence. How can abortion be
held to be necessary to keep mothers from having to raise children they do not
want, she asked, if they remain free to choose adoption? Even assuming that
women have a constitutional right to “bodily autonomy” that allows abortion,
doesn’t the additional argument about the burdens of parenthood fall away?
Nothing about Barrett’s line of
questioning assumed that adoption is an “idyllic fairy
tale” that “magically” solves the conflict over abortion, as op-eds in the New York
Times and Washington Post pretended. It did not treat
adoption as simple or easy for birth parents, the child, or the adoptive
parents. But the anguish of making an adoption plan for a newborn cannot
justify snuffing out its life instead. Worse is the attack mounted by some
critics on the adoption of children by parents of a different race — an attack
that, in this context, suggests (if not openly argues) that it is better for a
child to be aborted than to be raised by parents with different skin color.
Barrett did not really get an answer to
her question (unless you take “Roe already considered that” as an
answer). The only answer to it is the one that Prelogar hinted at. Abortion is
valuable — it has constitutional status — because it lets mothers and fathers
come as close as scalpel and poison can bring them to pretending they were
never parents at all.
Against this sinister if beguiling
fantasy, the mere possibility of adoption stands as an implicit rebuke — and,
it seems, an intolerable one.
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