I have never made abortion rights a piece of my campaigns. Previous to the Supreme Court leak, it seemed stare decisis held the status in check from the federal perspective. There was a time not that long ago when abortion was not a political issue. A Republican Supreme Court on a vote of 7-2 voted to enshrine legalization of abortion in Roe/Wade. Life and Choice were not tenants of the party platforms. I think we were better off when the topic was left to one’s religious and ethical compass. Here in Montana we look to the Armstrong case from 1999 for guidance on near term decisions the court might make on abortion restrictions. The states relatively modern 1972 constitution places significant importance on the concept of privacy suggesting the limited role of government in the making of such personal decisions. Compelling interest of the state from the Armstrong case was aligned with the viability language within Roe. As medical advances shift the date of viability so to might compelling interest shift in the state’s (the fetus), interests. Likely, a significant deviation from that decision will require either a change in the court that might look more like the federal court or a state constitutional amendment which outlaws the practice. Popular opinion, even in an increasing red state like Montana, weighs on the side of choice. I think a fast tracked amendment through a super majority Republican legislature, directly for vote by the people, will face an uphill fight for passage. It is more likely, as the state supreme court elections become more politicized (just look at the James Brown mailer you likely received ), the court will shift to the right.
Will abortion rights become a political issue in the upcoming mid-term elections in Montana? Will Republicans seek moderation from their party by voting for the opposition. The leak by a court staffer opens a potential pandora’s box. I’m paying attention to opinions at the doors regarding abortion,