Alex Gimarc: A third abortion option that doesn’t involve chair-throwing

By ALEX GIMARC

There was an interesting trifecta of articles concerning Rep. David Eastman earlier this week in Must Read Alaska.  

The first by Jim Minnery went after Rep. David Eastman for being less than supportive of a right to life amendment to the state constitution. It was immediately followed by Bob Bird, defending Eastman and going after Minnery. The next day Pat Martin also went after Minnery for what he called a “slanderous attack” on Eastman, which is where we sit today.

The question for pro-lifers here in Alaska is what are our options? Do we attempt to out-extreme the left (difficult to do) on abortion, or do we find an alternate path, perhaps one given us on a silver platter by Supreme Court Justice Samuel Alito in his 2022 Dobbs opinion.  

A review of our current situation is in order.

The Alaska Supreme Court found a constitutional right to abortion sitting in the Alaska Constitution.  It was disguised as a right to privacy but is there nonetheless (according to the Justices).  Their opinion was an utter and complete victory for the pro-aborts, to the extent that they have so far refused to float constitutional amendments on abortion for state elections like they have done in multiple states since 2022.  

These initiatives work really well in turning out Democrats, particularly their base of affluent white female uber-liberals (AWFULs).  But the pro-abortion victory was so complete, so overwhelming, that they haven’t bothered doing this up here.

The solution according to Minnery? Float a similar pro-life amendment via ballot initiative. Eastman disagrees, which is what triggered the round of arm waving, chair throwing, and finger pointing. 

I tend to agree with Eastman’s logic, though with a different approach. I attempted to contact Minnery while writing this piece. The call was not returned.  

There is a third way given us by Justice Alito in Dobbs. When he handed the issue back to the states, this is the precise language he used in the second paragraph on the first page of the opinion:  

The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives. (Pp. 8–79.)

Note that it does not mention state courts, or any of the black robed wannabee Brennans or Blackmuns populating those bodies. It specifically mentions the people and their elected representatives. 

This means legislatures and governors.

Essentially, the SCOTUS just rewrote every single judicial opinion defending abortion at the state level, throwing the entire mess back into the laps of the various state legislatures, which is where it belonged in the first place.  

What would I do? I would pass out of the Legislature whatever pro-life legislation that makes sense.  And no, it’s not going to be a complete ban on abortion, nor will it be a complete free for all to abort right up until the moment of birth or a little while after. 

It would be something reasonable, something in between, something that takes into account the very real fears and concerns (Democrats make a living out of stoking fears of AWFULs), while addressing the rights of all three people involved: mom, dad and the kid.

Once it is passed, it will be appealed to the Alaska Supreme Court, which will throw it out based on the court’s “privacy = abortion” opinion. 

At that point, the State takes it to federal court and appeals using Alito’s precise language, pointing out that the Alaska Supremes are neither elected nor representatives. And, if necessary, appeal it right back to the SCOTUS to make sure Alito meant what he wrote.

This will be a whole lot more productive than another round of who’s more pro-life than I am, or you are.  And it might even get us closer to an actual solution that we all can live with.

Alex Gimarc lives in Anchorage since retiring from the military in 1997. His interests include science and technology, environment, energy, economics, military affairs, fishing and disabilities policies. His weekly column “Interesting Items” is a summary of news stories with substantive Alaska-themed topics. He was a small business owner and Information Technology professional.