# For those who are in favor of "abortion being left to the states" - why? **URL:** \ **Category:** Great Debates\ **Created:** [February 8, 2026, 3:37pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497 "2026-02-08T15:37:04Z")\ **Posts on this page:** 20\ **Page:** 6
**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\ **Post date:** [February 11, 2026, 7:57am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/101 "2026-02-11T07:57:11Z")
> [@Ancient\_Nerd](#): > > The climate and geography of California can create unusually severe problems with air pollution. It is normal for there to be no rain for eight months straight. The air is trapped by some pretty serious mountains. We have many special regulations of automobiles to address those issues. Which never get called “states rights” and in fact get bashed by the people who support the concept. ---
**Author:** ![Q.Q.Switcheroo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/q.q.switcheroo/32/5713_2.png) [@Q.Q.Switcheroo](https://boards.straightdope.com/u/Q.Q.Switcheroo)\ **Post date:** [February 11, 2026, 10:30am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/102 "2026-02-11T10:30:06Z")
> [@Der\_Trihs](#): > > States occasionally do extend greater protections than the federal government, but that’s never _termed_ “states rights”. It’s “liberal overreach” or “treason”. In “the People’s Republic of [State Name].” ---
**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\ **Post date:** [February 11, 2026, 10:44am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/103 "2026-02-11T10:44:59Z")
> [@Q.Q.Switcheroo](#): > > In “the People’s Republic of [State Name].” Yeah, that’s another line the Right likes to use. ---
**Author:** ![DesertDog](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/desertdog/32/11503_2.png) [@DesertDog](https://boards.straightdope.com/u/DesertDog)\ **Post date:** [February 11, 2026, 10:50am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/104 "2026-02-11T10:50:27Z")
> [@Der\_Trihs](#): > > States’ rights is a _right wing_ political term. Until, of course, a state okays a law they don’t like, then it’s suddenly a matter for Federal jurisdiction or, lately, the Unitary Executive. ---
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [February 11, 2026, 4:23pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/105 "2026-02-11T16:23:31Z")
> [@Irishman](#): > > Can anyone provide an example where states rights has been an argument to defend anything that does not oppress some segment of the population? > **[States’ Rights Arguments Aren’t Just for Segregationists | ACLU](https://www.aclu.org/news/immigrants-rights/states-rights-arguments-arent-just)** > State and local jurisdictions have no legal obligation under existing statutes to assist deportation efforts in either of these ways — and have a right under the 10th Amendment to refuse to do so. ~Max ---
**Author:** ![Spice\_Weasel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spice_weasel/32/5435_2.png) [@Spice\_Weasel](https://boards.straightdope.com/u/Spice_Weasel)\ **Post date:** [February 11, 2026, 6:32pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/106 "2026-02-11T18:32:12Z")
> [@Irishman](#): > > This is a legitimate question. Can anyone provide an example where states rights has been an argument to defend anything that does not oppress some segment of the population? I don’t know if it’s been an explicit argument but I certainly see the value of the state in its ability to extend protections the federal government does not offer. For example, my own state codified full reproductive rights to women in the state constitution. Republicans fought it tooth and nail, but a considerable majority voted for the amendment. And that’s in a state with a lot of swing voters. So that’s good, I guess. ---
**Author:** ![Irishman](https://avatars.discourse-cdn.com/v4/letter/i/b487fb/32.png) [@Irishman](https://boards.straightdope.com/u/Irishman)\ **Post date:** [February 12, 2026, 6:48pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/107 "2026-02-12T18:48:01Z")
There seems to be some confusion over my request. I am not asking about situations where states have made stricter regulations than federal ones, such as California. I’m talking about contentious issues where the arguments in favor of the disagreement with the federal law is defended explicitly by supporters on the grounds of “states’ rights”. @Max_S ‘s example comes closest, but even that seems to fall short because the actual argument specifies the specific right, under the 10th Amendment. It’s not generic "States’ Rights". I will entertain arguments that it fits the category, but I’m not convinced. ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [February 12, 2026, 7:12pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/108 "2026-02-12T19:12:48Z")
> [@Irishman](#): > > I’m talking about contentious issues where the arguments in favor of the disagreement with the federal law is defended explicitly by supporters on the grounds of “states’ rights”. How about state control over elections? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [February 12, 2026, 7:15pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/109 "2026-02-12T19:15:19Z")
Are those broadly pushed as a “states’ rights” issue? ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [February 12, 2026, 7:52pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/110 "2026-02-12T19:52:26Z")
When the RW Feds under trump try to nationalize control of elections, which they are already threatening / floating trial balloons about, I expect “state’s rights” will be a big part of the pushback. ---
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [February 13, 2026, 12:40am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/111 "2026-02-13T00:40:03Z")
The Tenth Amendment _is_ the “states’ rights” amendment; it doesn’t list specific rights. > The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Another prominent example was when Congress tried to ban sports gambling nationwide. But the law was written in a weird way that basically told the states they couldn’t allow sports betting. Normally, federal laws regulating commerce operate directly on said commerce. New Jersey convinced the Supreme Court that Congress was never given the power to issue direct orders to state legislatures. _Murphy v. NCAA_ (2018). ~Max ---
**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\ **Post date:** [February 16, 2026, 3:58pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/112 "2026-02-16T15:58:26Z")
> [@Irishman](#): > > Can anyone provide an example where states rights has been an argument to defend anything that does not oppress some segment of the population? Isn’t that one of the main thrusts of the various pushes to legalize some recreational drugs? That they shouldn’t be regulated by federal scheduling laws because unless you are distributing/selling/transporting across state lines Congress has no authority to regulate what plants you grown and consume. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [February 16, 2026, 4:07pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/113 "2026-02-16T16:07:05Z")
But I don’t think the phrase “states’ rights” is used much, if at all, when the topic comes up. ---
**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\ **Post date:** [February 16, 2026, 4:25pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/114 "2026-02-16T16:25:29Z")
Probably true, due to the various parties involved and their overall political leanings. But it was used pretty extensively in the dissent by Clarence Thomas in _Gonzales. v. Raich_, the decision that allowed Congress to regulate private growth and consumption of marijuana for personal medical use, even if state law allows it. O’Connor made similar arguments in her dissent. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [February 16, 2026, 4:34pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/115 "2026-02-16T16:34:30Z")
Was that actual term used, or was it discussed as an assertion that the Federal Government supersedes the rights of states in some circumstances? ---
**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\ **Post date:** [February 16, 2026, 4:38pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/116 "2026-02-16T16:38:38Z")
From O’Connor: > [@](#): > > Relying on Congress’ abstract assertions, the Court has endorsed making it a federal crime to grow small amounts of marijuana in one’s own home for one’s own medicinal use. This overreaching stifles an express choice by some States, concerned for the lives and liberties of their people, to regulate medical marijuana differently. If I were a California citizen, I would not have voted for the medical marijuana ballot initiative; if I were a California legislator I would not have supported the Compassionate Use Act. But whatever the wisdom of California’s experiment with medical marijuana, the federalism principles that have driven our Commerce Clause cases require that room for experiment be protected in this case. So some explicit language about “room for experiment” which is a common state’s rights argument. From Thomas: > [@](#): > > If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything—and the Federal Government is no longer one of limited and enumerated powers. and > [@](#): > > This makes a mockery of Madison’s assurance to the people of New York that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.” I’d say those are pretty explicit state’s rights arguments with respect to the Commerce Clause. And they are arguments that I’m actually pretty sympathetic to, even though I almost never agree with Thomas on anything else. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [February 16, 2026, 4:43pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/117 "2026-02-16T16:43:29Z")
And I would state that the very loaded term “states’ rights” was not used in these examples. It is the use of that specific term that I think is in play here, and the fact seems to be that it is used almost exclusively to promote the restrictions of rights. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [February 16, 2026, 4:54pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/118 "2026-02-16T16:54:59Z")
> [@The\_Other\_Waldo\_Pepper](#): > > I genuinely don’t think it’s a federal matter; some things are, and some things aren’t, and I think this happens to be one of the latter, and that’s why I would’ve reached the same decisiol This makes zero sense. Roe v Wade wasn’t about some FDA regulation governing abortion. It was the SCOTUS saying the government (state or federal) regulating women’s bodies infringes on their fundamental right to privacy under the 14th amendment. IMO bringing states rights into it is just a way to avoid saying “no Americans don’t have that fundamental right to privacy “. It’s just a cop out to avoid having to face the consequences of the prolife position ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [February 16, 2026, 5:10pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/119 "2026-02-16T17:10:13Z")
> [@griffin1977](#): > > IMO bringing states rights into it is just a way to avoid saying “no Americans don’t have that fundamental right to privacy “. It’s just a cop out to avoid having to face the consequences I’m not trying to avoid the consequences; I believe that Roe was wrongly decided, and egregiously so, because I’m genuinely not seeing where a right to privacy — if privacy includes _can publicly get an abortion_ — exists in the Constitution. I never thought that was a cop out; I honestly thought it was _understood,_ with no attempt at avoiding it, every time someone blandly skips to the conclusion that ‘and so it of course gets left to the states, until we amend the Constitution or something.’ ---
**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\ **Post date:** [February 16, 2026, 5:15pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/120 "2026-02-16T17:15:44Z")
Moderating: I don’t see anyone trying to answer the OP’s question. I’m quoting the OP here in the hope that it will get this thread back on track. If you’re not interested in posting an actual answer to the question posed, then please stay out of the thread. This is not a debate about states’ rights. > [@doreen](#): > > In response to another post where I said that no one wanted abortion returned to the states, someone stated that he did want that. I didn’t want to go off topic , but I’m really curious as to why someone would take that position. If you think abortion is murder , you want it banned everywhere. If you think a woman has a right to have an abortion, you want it legal everywhere. _Why would you want it left to the states, except as a compromise?_ Emphasis mine. [Previous page](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497.md?page=5) [Next page](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497.md?page=7)