# 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:** 15\ **Page:** 7
**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, 5:23pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/121 "2026-02-16T17:23:08Z")
I can’t see any way that returning the issue of abortion rights to the states strengthens it, and if it is a matter of compromise, I would remind others of the definition of the term and ask what is being put on the table by those who oppose abortion in this “compromise”? ---
**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, 5:37pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/122 "2026-02-16T17:37:36Z")
> [@The\_Other\_Waldo\_Pepper](#): > > ; I believe that Roe was wrongly decided, and egregiously so, because I’m genuinely not seeing where a right to privacy That’s nothing to do with whether it’s regulated by the state or federal government. If Americans have that right under the 14th amendment then it’s entirely proper for the the SCOTUS to strike down any law that infringes it. It they don’t have that right then any legislative body, state or federal, that has a majority to do so can pass a law that infringes it. ---
**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 17, 2026, 12:08am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/123 "2026-02-17T00:08:07Z")
Just because the _federal_ Constitution does not recognize a fundamental privacy interest which covers obtaining an abortion does not mean _any_ legislative body has the power to pass a law offending that interest. State legislatures are usually confined by state constitutions. While many state legislatures can and have banned abortions within their states, some state constitutions limit the power of the state legislature by protecting abortion access. The federal Congress only possesses limited legislative powers, and I think a national abortion ban is beyond Congress’s powers, not because the Constitution recognizes a fundamental privacy right to abortion, but because I don’t see how a national abortion ban falls within the enumerated powers of Congress. ~Max ---
**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 17, 2026, 12:12am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/124 "2026-02-17T00:12:38Z")
Moderating: > [@Max\_S](#): > > Just because the _federal_ Constitution does not recognize a fundamental privacy interest which covers obtaining an abortion does not mean _any_ legislative body has the power to pass a law offending that interest. You are not answering the question posed by the OP. You’re still trying to argue the legality, and that’s not the question asked. Please don’t post again in this thread if you’re not willing to answer the question asked. ---
**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 17, 2026, 3:38am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/125 "2026-02-17T03:38:17Z")
Moderating: After discussion in this ATMB thread, @doreen has further clarified the discussion she wishes to have, with this post: > [@Re: Validity of positions in the topic: For those who are in favor of “abortion being left to the states” - why?](https://boards.straightdope.com/t/re-validity-of-positions-in-the-topic-for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027731/9): > > Close - what I’m asking is why anybody would actually want the issue to go to the states. I don’t understand how that could be someone’s desire. If you believe abortion is murder, you would want it to be illegal in the whole country - why would you want murder to be legal in New York but not New Jersey? If you believe a woman has a right to have an abortion (whether a privacy right or an equal protection right ) you wouldn’t want it to be illegal anywhere in the country. I cannot figure out wh… And this one: > [@Re: Validity of positions in the topic: For those who are in favor of “abortion being left to the states” - why?](https://boards.straightdope.com/t/re-validity-of-positions-in-the-topic-for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027731/11): > > Yes, the state’s rights discussion doesn’t really enhance the discussion I was looking for. Please respect her wishes. ---
**Author:** ![Irishman](https://avatars.discourse-cdn.com/v4/letter/i/b487fb/32.png) [@Irishman](https://boards.straightdope.com/u/Irishman)\ **Post date:** [February 17, 2026, 5:11am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/126 "2026-02-17T05:11:48Z")
I think what triggered the whole “States’ Rights” hijack came from @The_Other_Waldo_Pepper 's legitimate answer to the OP that he feels it is not something that is one of the enumerated powers in the Constitution, and so by right belongs to the states. I think that’s a distinct angle to the topic that the OP missed when asking the question. The Op’s question and most of the posters assume that the idea of states deciding versus the federal government deciding hinges on how it strengthen one’s position on mandating uniform position one way or the other. Whichever outcome you think is correct, the idea is to win as broadly as possible for your side. What @The_Other_Waldo_Pepper is arguing is a wholely different take that whatever one’s position on abortion, the situation of law is determined on where the authority to decide resides. It’s not that it strengthens the position of one side or the other, it’s that the federal government doesn’t have the authority - the jurisdiction - to decide the matter. The counter argument presented in this thread is that the 14th Amendment that states must not violate an individual’s immunities or privileges, and that the equal protection clause means that a person who has the ability to get an abortion in their own state should thus have the ability in all the states. I think. So for the OP, the reason is that the person making the statement is addressing a different question. Not “Which side is right?”, but “Where does the legal authority come from?” ---
**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 17, 2026, 1:33pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/127 "2026-02-17T13:33:45Z")
Well-summarized. Thank you. And now, courtesy of @Max_S we have a dedicated thread to discuss the legal authority aspect specifically. Which means, IMO, we can (ref mod instructions, _must_) drop that aspect here. > [@Abortion should be decided state-by-state because democracy is more important](https://boards.straightdope.com/t/abortion-should-be-decided-state-by-state-because-democracy-is-more-important/1027738): > > Continuing the discussion from [Re: Validity of positions in the topic: For those who are in favor of “abortion being left to the states” - why?](https://boards.straightdope.com/t/re-validity-of-positions-in-the-topic-for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027731/9): I’m putting myself out there, but I think this is what it comes down to, for me personally. I consider myself neutral on abortion. I don’t believe abortion is (or should be) murder, but I also don’t believe the right to abortion is a natural or human right. I abstained from voting on the last abortion ballot measure. Also worth noting, I am not a woma… ---
**Author:** ![Irishman](https://avatars.discourse-cdn.com/v4/letter/i/b487fb/32.png) [@Irishman](https://boards.straightdope.com/u/Irishman)\ **Post date:** [February 18, 2026, 9:16pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/129 "2026-02-18T21:16:39Z")
Yes, the topic for this thread is the _motives_ of someone who says they want it left to the states. I can’t speak to the issue myself because I’m with the OP on how it doesn’t make sense. To me, civil rights seem entirely the issue that the Civil War was fought to determine. Saying that _these citizens_ shouldn’t get their rights protected in all states just seems daft. ---
**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\ **Post date:** [February 18, 2026, 11:10pm UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/130 "2026-02-18T23:10:54Z")
> [@Irishman](#): > > To me, civil rights seem entirely the issue that the Civil War was fought to determine. Not really. The Lincoln administration at first bent over backwards to **NOT** portray the war as an abolitionist crusade, knowing that it would destroy support for the war. Preserving the Union was first, last and all things in-between the cause of the war from the Union side– if only for the pragmatic reason that if the rebellion wasn’t suppressed, anything the federal government might have to say on the subject of slavery would be largely moot; and Lincoln said as much publicly. Only when it became obvious that it was futile to try to keep respecting the property rights of rebels did _de facto_ abolition become a war strategy, and then _de jure_ abolition become the means of guaranteeing that the southern cause was annihilated. I’m fond of saying that the Union was fighting _against_ a state’s right to secede while the Confederacy was fighting preemptively _against_ abolition. Even after the war the passage of the Fourteenth and Fifteenth Amendments were less about the ideal of equality and more about the pragmatic political move that in the circumstances of Reconstruction every newly enfranchised freedman was a guaranteed Republican vote. ---
**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 19, 2026, 1:09am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/131 "2026-02-19T01:09:47Z")
> [@Lumpy](#): > > The Lincoln administration at first bent over backwards to **NOT** portray the war as an abolitionist crusade, knowing that it would destroy support for the war. Because in his view, holding the nation together was his _job_ as President. The idea that he didn’t _really_ oppose slavery is post-Civil War Confederate apologia. ---
**Author:** ![Irishman](https://avatars.discourse-cdn.com/v4/letter/i/b487fb/32.png) [@Irishman](https://boards.straightdope.com/u/Irishman)\ **Post date:** [February 19, 2026, 5:00am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/132 "2026-02-19T05:00:05Z")
Crap, it’s not my intent to start another hijack. What are the motives one might have for wanting abortion decided by the states? ---
**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 19, 2026, 5:03am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/133 "2026-02-19T05:03:38Z")
Moderating: I’m glad you caught that. I had noticed the blatant disregard of the earlier mod notes in this thread. Let me be clear: The next poster who posts off topic in this thread _will_ receive a warning. @Lumpy, @Der_Trihs, this means both of you. ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [February 19, 2026, 10:05am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/134 "2026-02-19T10:05:41Z")
> [@Irishman](#): > > What are the motives one might have for wanting abortion decided by the states? Just about everything you encounter in your daily life is governed by your state and local laws, e.g. your traffic laws, taxes, schools, easements, marriage/divorce laws, licensing, alcohol sales, criminal activity (prostitution, drugs, DUI, theft, assault, murder, arson, rape, etc.), at-will employment. The list is almost endless. Why should abortion be any different? ---
**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 19, 2026, 11:14am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/135 "2026-02-19T11:14:19Z")
> [@Crafter\_Man](#): > > Why should abortion be any different? Because the crusade against abortion _is_ nothing more than an attempt to persecute and kill women. The point of letting the states handle the issue their way is that it’s been a historically more effective means of carrying out the persecution, and preventing women from being able to escape their tormentors. Any discussion of abortion that doesn’t acknowledge the misogynistic intentions of the anti-choice side is at best, useless and based on a fantasy. Especially one like the OP which asks “why”, a question about _motives._ ---
**Author:** ![HMS\_Irruncible](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hms_irruncible/32/7394_2.png) [@HMS\_Irruncible](https://boards.straightdope.com/u/HMS_Irruncible)\ **Post date:** [February 19, 2026, 11:57am UTC](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/136 "2026-02-19T11:57:22Z")
> [@doreen](#): > > 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? To get back to the OP, there are 2 reasons - 1. Anti-abortionists do want it criminalized federally, but understand that it’s a heavy lift politically. So the next-best approach is to leave it to the states, which is the best-possible partial victory, and may create precedents that lead to total victory. 2. Others are over-invested in a misguided theory of states’ rights and have succumbed to slippery-slope arguments about the consequences of one specific constructed right, ignoring a plethora of other similarly constructed federal rights that we take for granted. There are a number of important rights that were derived via substantive due process under the 14th Amendment. The right to raise your own children, the right for extended family to live together, the right to interstate travel or to send your kids to a religious school, etc. For some reason it’s only women’s bodily autonomy that gets put through the “states’ rights” wringer, not any of the rest of these. To be clear, “states’ rights” is a real thing that has an important role, but as an actual _rallying cry_ and popular rationalization, it tends to be a fallback of “when the facts are on your side, pound the facts, when you have the law on your side, pound the law, when you have neither, pound states’ rights.” State law is the oppressor’s court of last resort, so naturally that’s where they want to punt things, and clear bright lines tend to be easier to organize rhetorical persuasion around. People may have trouble rallying around whether women are fully people or not, but they have no trouble rallying around what appears to be an easily-understood legal bright line, and loss-aversion psychology makes them susceptible to slippery-slope arguments. [Previous page](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497.md?page=6)