# Re: Validity of positions in the topic: For those who are in favor of “abortion being left to the states” - why?

**URL:** <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>\
**Category:** About This Message Board\
**Created:** [February 17, 2026, 1:05am UTC](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 "2026-02-17T01:05:46Z")\
**Posts on this page:** 13\
**Page:** 1

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**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, 1:05am UTC](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/1027731/1 "2026-02-17T01:05:46Z")

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Continuing the discussion from [For those who are in favor of "abortion being left to the states" - why?](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497):

> [@For those who are in favor of "abortion being left to the states" - why?](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/1):
>
> 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?

As best as I can tell, **doreen** asks to debate why anyone would want abortion left to the states.

Three major positions were advanced in-thread.

1. Abortion should be left to the states as a political compromise (anticipated by **doreen** ’s original post, but not defended in the ensuing discussion).
2. Abortion should be left to the states because the federal constitution does not give the federal government the power to step in (i.e., “states’ rights”, defended by **The\_Other\_Waldo\_Pepper** , **Crafter\_Man** , and myself).
3. Abortion should be left to the states because it is politically expedient (mentioned but not defended).

The discussion was then sidetracked by the (repeated) question of whether “states’ rights” ever served any purpose other than repression–members attempted to provide counterexamples including immigration, drug legalization, and election integrity. The whole inquiry was tangential at best. Or at least that is how I interpreted this first mod note:

> [@For those who are in favor of "abortion being left to the states" - why?](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/120):
>
> 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.

A second modnote appears to clarify that legal arguments are not, in fact, relevant to the debate:

> [@For those who are in favor of "abortion being left to the states" - why?](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/119):
>
> …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…

> [@For those who are in favor of "abortion being left to the states" - why?](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/122):
>
> 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.

> [@For those who are in favor of "abortion being left to the states" - why?](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/123):
>
> 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. …

> [@For those who are in favor of "abortion being left to the states" - why?](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/124):
>
> 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.

Am I interpreting these mod instructions correctly? If I want abortion returned to the states because I think the law prohibits the federal government from stepping in, I shouldn’t say so because it doesn’t answer why I am in favor of abortion being left to the states?

Does it matter that the legal argument is the only one actually defended, or that it is the argument used by the people who actually returned abortion to the states, or that it is the position espoused by **The\_Other\_Waldo\_Pepper** (who **doreen** specifically created the spin-off to debate)?

The way I am reading these instructions, they kind of break the debate.

~Max

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**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 17, 2026, 1:09am UTC](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/1027731/2 "2026-02-17T01:09:14Z")

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Totally agreed. I have no idea what is and isn’t supposed to be relevant in that thread. I was surprised by a number of mod notes there.

Of course the legality is 1000% relevant to why any given person might support it or not.

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**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, 1:10am UTC](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/1027731/3 "2026-02-17T01:10:45Z")

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What the OP is asking is very clear:

> [@For those who are in favor of "abortion being left to the states" - why?](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/1):
>
> 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?

She’s not asking for yet another endless debate about states’ rights. She’s asking why you would settle for that if you think abortion is murder. At least, that’s my interpretation of her question. That seems straightforward to me.

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**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, 1:13am UTC](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/1027731/4 "2026-02-17T01:13:11Z")

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Okay, I see. I must have misinterpreted the last three sentences as all being in anticipation of a compromise position. Not premises assumed for the debate. In my defense, so did everyone else, it seems…

~Max

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**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 17, 2026, 1:14am UTC](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/1027731/5 "2026-02-17T01:14:14Z")

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The very question invites the debate on state’s rights. Read as proposed, if you want it thrown back to the states, but your reasoning is a legal argument, you can’t participate?

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**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, 1:15am UTC](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/1027731/6 "2026-02-17T01:15:06Z")

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I think it’s a very uncomfortable question to answer without window dressing it up with states’ rights arguments. That’s why I’ve been drilling down on mod notes requiring posters to answer her actual question.

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**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, 1:15am UTC](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/1027731/7 "2026-02-17T01:15:44Z")

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I think the read is, assuming abortion is murder, and assuming women have a right to have abortion, why would one still want it left to the states? A much narrower debate.

~Max

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**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, 1:16am UTC](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/1027731/8 "2026-02-17T01:16:18Z")

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Let’s do this: If @doreen says she wants to permit states’ rights arguments, I’ll withdraw the mod notes and let the discussion around that carry on.

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**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\
**Post date:** [February 17, 2026, 3:20am UTC](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 "2026-02-17T03:20:18Z")

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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 what belief about abortion results in “I don’t believe it’s murder, nor do I believe a woman has a right to have an abortion, so let’s leave it up to the states”. I suppose someone might have that belief - but I’ve never heard anyone profess it. Talking about “state’s rights” or the Tenth amendment doesn’t answer the underlying “why”.

I can understand either side going along with leaving it to the states as a compromise - that sort of thing happens all the time. But there are just some issues that I don’t understand anyone actually wanting to leave to the states , not as a compromise, but as their first choice. I’m pretty sure that those in favor of slavery would have actually preferred that they could move to a free state and keep people enslaved but the best they could get was the Fugitive Slave Act.

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**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, 3:25am UTC](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/1027731/10 "2026-02-17T03:25:58Z")

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Thank you very much for clarifying.

One last question: Does further discussion in your thread about the current status of states’ rights in any way enhance the discussion you want to have? I’m trying to keep posters focused on this part of your OP:

> [@For those who are in favor of "abortion being left to the states" - why?](https://boards.straightdope.com/t/for-those-who-are-in-favor-of-abortion-being-left-to-the-states-why/1027497/1):
>
> Why would you want it left to the states, except as a compromise?

Because:

> [@doreen](#):
>
> Talking about “state’s rights” or the Tenth amendment doesn’t answer the underlying “why”.

Have I got that right?

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**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\
**Post date:** [February 17, 2026, 3:30am UTC](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 "2026-02-17T03:30:00Z")

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Yes, the state’s rights discussion doesn’t really enhance the discussion I was looking for.

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**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, 3:34am UTC](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/1027731/12 "2026-02-17T03:34:54Z")

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Thank you. I’ll leave the mod notes as they are and continue to keep the discussion on track as you have indicated.

* * *

@Max_S, when you or anyone else wants to have a separate debate about states’ rights and how they bear on women’s choice to exert dominion over their own bodies, I and my co-mods will keep that discussion on track with as much vigor as I have this one. Original posters should be able to have the discussion they want in the Great Debates forum.

I’m also going to copy @doreen’s responses here to her thread in GD so posters are aware of what she’s asking for.

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**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, 3:45am UTC](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/1027731/13 "2026-02-17T03:45:54Z")

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I don’t see how I can continue participating, but nevertheless, thank you both for clarifying.

~Max
