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Whenever Tomi Lahren talks about abortion, she makes the rounds. Most recently, the 25-year-old commentator did a segment for “Final Thoughts” on FOX News, claiming that “we lose when we start messing with social issues.” She then laid out her reasoning on why it would be wrong for conservatives to push for an overturn of Roe v. Wade.
CLAIM #1: “According to a new Quinnipiac poll,” most Americans support Roe v. Wade.
FACT: Polls are often inaccurate and contradictory.
Consider the polling that showed Hillary Clinton would easily best Donald Trump in the 2016 race for president. Her lead was called “remarkably stable” by the experts on Election Day.
Consider also that many polls do not ask questions that would give a full picture of Americans’ beliefs, particularly on an issue like abortion. The Quinnipiac question Tomi referred to was: “In general, do you agree or disagree with the 1973 Roe v. Wade Supreme Court decision that established a woman’s right to an abortion?”
It’s not difficult to see the nuances that could influence a person’s answer to an overly simplistic question like that. Moreover, the Quinnipiac poll conflicts with the June 2018 Gallup poll which showed that 53 percent of Americans want to see abortion legal in only a few or no circumstances.
This is in direct contradiction to the holding of Roe v. Wade, proving that asking Americans whether they agree with a decision they clearly do not understand is probably not the most accurate strategy.
CLAIM #2: “The economy, foreign policy, and tax reform” are the areas that “benefit ALL Americans, regardless of religion or social beliefs.”
FACT: Whether laws “benefit ALL Americans” is not the only American measure of a good law.
This is in direct contradiction to the holding of Roe v. Wade, proving that asking Americans whether they agree with a decision they clearly do not understand is probably not the most accurate strategy.
CLAIM #2: “The economy, foreign policy, and tax reform” are the areas that “benefit ALL Americans, regardless of religion or social beliefs.”
FACT: Whether laws “benefit ALL Americans” is not the only American measure of a good law.
First off, there are countless areas of law and policy beyond these three that benefit Americans in general. But benefitting the majority has hardly been the only American measure of a good law. In fact, many constitutional scholars would explain that our nation’s foundational documents were actually designed to protect the rights of the minority. One of the main reasons for the freedom of speech found in the First Amendment is to protect unpopular speech that the majority scorns.
The Fourteenth Amendment — which recognizes every person’s right to life — was originally createdto protect the most vulnerable members of society. That does not include “ALL Americans,” and yet, clearly, it is beneficial and important.
Finally, protection for every human life, beginning in the womb, does indeed benefit ALL Americans (if that were the measure of a good law), considering that’s where we each started.
The Fourteenth Amendment — which recognizes every person’s right to life — was originally createdto protect the most vulnerable members of society. That does not include “ALL Americans,” and yet, clearly, it is beneficial and important.
Finally, protection for every human life, beginning in the womb, does indeed benefit ALL Americans (if that were the measure of a good law), considering that’s where we each started.
CLAIM #3: “Legal tradition makes it harder to overturn a past decision – unless there are strong grounds for doing so.”
FACT: Legal tradition — better known as stare decisis — does not set an error-ridden ruling in stone.
FACT: Legal tradition — better known as stare decisis — does not set an error-ridden ruling in stone.
