California Republican Candidates Need to Say This Regarding Abortion

California Republican Candidates Need to Say This Regarding Abortion
A woman waits in her car in front of a Planned Parenthood facility in Anaheim, Calif., on September 10, 2020. (John Fredricks/The Epoch Times)
James Breslo
6/2/2022
Updated:
6/2/2022
0:00
Commentary

A Democrat friend of mine is fed up with California’s high taxes, high crime, and high homelessness. He is so exhausted by it that he was ready to vote Republican. But that changed with the leaked Supreme Court opinion overturning Roe v. Wade. He says he cannot vote Republican as long as they support banning abortions.

Before the leak, Republicans were poised to enjoy a sweeping November victory. They were expected to flip numerous California Congressional seats. The climate for the opposition party had never looked better: an extremely weak and unpopular president, combined with record inflation and an impending recession, and crime surging across the country.

But Democrats received a “May surprise” with the leak which they hope will divert attention from their many problems. (The recent mass shootings could become a second May surprise, making gun laws another new issue distracting voters.) The surprise is reminiscent of 2020, when President Trump seemed poised to win reelection, and then the pandemic happened. Democrats rode the issue to victory, just as they plan now to ride the abortion issue to victory.

California Democrats are particularly excited since polling shows that almost 80 percent of Californians oppose overturning Roe v. Wade. Before the leaked opinion, California Republicans had an easy answer to the abortion question. They would assert that they are pro-life, but because of Roe, there is nothing they can do. Now that there is something they can do, i.e., to outlaw it at the state or federal level, they need a new response.

California Republicans may now say the state is controlled by Democrats, so there is still nothing they can do. They may then attempt to pivot to inflation and crime. But as California moves past the June 7 primary into the general election, this answer is not likely to survive scrutiny. Absent a more substantive response, their Democrat opponents, and the media, will paint them as out of touch and anti-woman. They will assert that Republicans oppose all abortions, even in the case of rape or incest, and will force woman to go underground for treatment. But, if you are a Republican who believes life begins at conception, what can you say?

While it is tricky, Republican candidates need to stake out a common sense, middle ground position, which exposes Democrats as the true extremists. Here’s how:

—Of course, life begins at conception. This is true both from a biological and logical perspective. The so-called “viability” of a fetus, i.e., when it can survive outside the womb, is an arbitrary marker which continues to change with modern medicine. Is there any doubt that one day medicine will allow a fetus to survive outside the womb at virtually any time?

—Because it is a life, the issue is not just about a woman’s body. There are two bodies involved. We must respect both.

—Though it is a life, we recognize that in its earliest stages this life is very much in doubt. Often a fertilized egg does not embed in the uterus. Of those which do, as much as 15 percent miscarry. However, after 10-12 weeks, miscarriage becomes rare.

—We must recognize that polling shows that Californians generally favor a woman’s right to choose with reasonable restrictions. The peoples’ representatives, while not bound by public opinion, must give it significant consideration.

—We also must recognize that banning all abortions is not practical. Making it illegal will not stop it. Just as with other things that are made illegal, from drugs, to gambling, to prostitution, an underground black market develops for anything made illegal. In the case of abortion, this can be dangerous.

—Because it is a life, abortion must be early and rare. A woman should be required to make a decision as soon as possible upon learning that she is pregnant. Permitting abortion of an embryo, but not a fetus, strikes the right balance. An embryo become a fetus in the ninth week, when the brain, heart, lungs, internal organs, and arms and legs have been formed. This allows more than enough time for a decision to be made. Allowing the abortion of a fetus shocks the conscience of most people when shown what it looks like. That is usually the benchmark in determine what should be illegal.

—Other reasonable restrictions should also be in place, like requiring parental consent for minors and a sonogram to ensure the woman’s decision is fully informed. Again, this is because it is a life and thus it is not only about a woman’s body.

Many Republican candidates fear they will upset their base by publicly supporting any legal abortion. But abortion is not the number one issue for most Republicans. And for those for whom it is, i.e., the religious right, they will only be satisfied by the most extreme position on abortion. They oppose abortion under all circumstances, even rape. They oppose even the “morning after” pill. Many also oppose all contraception. The Catholic Church opposes the use of condoms. There is very little support for these positions among mainstream Republicans.

Further, by staking out a reasonable position, they are likely to win over mainstream Democrats, like my friend, who are not on board with the far left’s position. California presently allows abortion right up until viability, i.e., six months. This is far too liberal for most. But California Democrats want to go further! California Assembly Bill 2223 effectively makes it legal right up until birth. Most see this as both crazy and sick.

While the compromise will not satisfy all, no position will, and politics is the art of compromise. Our society tolerates a lot of things we wish could be banned, but it simply is not practical. Alcohol kills thousands every year, as does unhealthy food, and driving 65 mph. But practicality requires they remain legal. By staking out a reasonable position, and highlighting the extreme position of the left, Republicans can add abortion to its long list of winning issues in November.

Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times.
James Breslo is a civil rights attorney and host of the “Hidden Truth Show” podcast on TuneIn. He was formerly a partner at the international law firm Seyfarth Shaw and public company president. He has appeared numerous times as a legal expert on Fox News and CNN.
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