Sunday, October 6, 2024

Let the States Decide?

The phrase "let the states decide" is usually used in conjunction with abortion rights and restrictions. But it can be, and is, applicable to many other situations. 

There has always been a tension in the United States between the ideal of local control and the reality that we are all citizens of one nation. Rural people often complain about the hypothetical big city voters who is "telling them what to do". Residents in small states point out how "they're not California". I'll agree that some things should be left up to local citizens. Some things

I'll concede that there's often regulations that come out of the federal, or even state, government that do not adequately take into account the facts on the ground. Environmental regulations, safety regulations, you name it. Regulators and elected officials default to a one-size-fits-all approach to law-making. They seldom think through the consequences or downstream effects of their decisions. An example in my own experience as a state government employee involves remote work. In 2020 in response to the Covid pandemic, most state employees were allowed to work from home. When the danger was largely past, our agency head decided to extend the ability of many employees to work from home, leaving the ultimate decision to his managers who knew the situation best. Then we got a new governor whose personal experience informed him that in-person work was more effective an efficient that remote work. Remote work ended, despite evidence that most employees were more productive working from home at least part of the time. One-size-fits-all. In this example the governor should have allowed the work arrangement to be molded to the needs and productivity of the work groups and the individuals involved rather than having one rule across the board. Many government regulations are like this - a standard that doesn't fit that multitude of situations across the country. 

This should absolutely not apply to rights

The right of a woman to control her own body should not depend on what side of a state border she lives on. Rights that are enshrined in the Constitution do not change when you move from one state to another, why do we think that other rights do? Let's not forget that for fifty years a woman's right to control her own body was considered a Constitutional right! Not only should rights not depend on where you live, they shouldn't subject to being taken away when a partisan, religiously motivated majority takes control of the Supreme Court. 

And what is meant by "let the states decide"?

Usually it means "let the legislature decide". There's multiple problems with this. Most obvious is the issue of gerrymandering. There are a number of states where statewide elections are often won by Democrats, but the legislature is composed of a majority of Republicans, sometimes with a veto-proof majority. So you have situations where the majority of voters choose Democrats (who usually support abortion rights) but Republicans (who usually support abortions restrictions or bans) are elected. In addition to this, most people are not one-issue voters. Republicans who are elected for a variety of reasons that have nothing to do with abortion will, once elected, push for abortion restrictions even though the majority of the electorate, including some of their own supporters, favor abortion access. My own state of Nebraska is a good example. Polling consistently shows that 50% or more of Nebraskans favor access to abortion, but since Nebraskans have elected a majority of legislators who support abortion restrictions, that's what gets passed in the legislature. Many of those 50% however live in districts where they are the minority. 

In any state so far that put abortion rights on the ballot, the measure has passed, even in "red" states where the legislature and executive had attempted to impose restrictions. There are several states with referenda on the ballot next month, including Nebraska (although in Nebraska there are two - one for and one against - pay attention to what you're voting for!). In Nebraska there have been attempts to remove the issue from the ballot, and hopefully the pro-Choice measure will prevail, but fundamental rights should never be subject to a vote.

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