Gov. Matt Bevin has made abortion a key part of his re-election campaign. He opposes legalized abortion as an elective method of voluntary birth control. Democrat Andy Beshear, his opponent, is in favor of legalized abortion. There could not be a more stark contrast between the two.
Some wonder why abortion is such an issue in the gubernatorial election. After all, they say, elective abortion is legal on a federal level, and states can do nothing to change that. So why should voters care which candidate supports abortion and which candidate opposes it?
Forget the moral factors for a moment, and focus on the policy-making process. It's simple, really. It was a federal court case in which a state abortion restriction law was challenged, that being the infamous United States Supreme Court Roe v. Wade decision in 1973. And it will be another state law, challenged in federal court, that may bring a reversal of Roe v. Wade.
And that's where state elections come into play.
Since Bevin's election in 2015, and Republicans gaining a supermajority in the Kentucky House of Representatives a year later, the state has passed a number of laws restricting abortion. Bevin has happily signed them into law. And they have been challenged in court, by entities such as Planned Parenthood and the American Civil Liberties Union, both staunch abortion supporters.
If Bevin is re-elected, it's guaranteed that the state will continue defending its laws as the court cases progress through the system. It's also a safe bet that the legislature will continue to pass anti-abortion laws that Bevin will sign. Should Beshear win, no doubt he'd veto any anti-abortion bills, although it's quite likely the House and Senate would override his vetoes.
But the biggest problem is that if Beshear is governor, he'll quit defending Kentucky's duly-enacted laws in court.
The goal behind the passage of anti-abortion laws in Kentucky and many other states is to eventually get a case before the Supreme Court that could overturn Roe v. Wade and allow individual states to restrict or prohibit abortion as they see fit. With the current makeup of the court leaning toward a conservative originalist philosophy, and with the next vacancy most likely to come with a liberal justice's departure, abortion foes see their best opportunity ever to reach their goal.
This has its best chance of happening if a number of cases make their way to the Supreme Court, and that won't happen unless states continue defending their laws as lower courts reach decisions and appeals are filed.
So, when someone tells you that abortion is a federal issue, and state laws on the subject are irrelevant and it's not a proper issue for a state election, they're not being truthful with you. Although the ultimate decision will be made at the federal level, any changes to the current abortion laws will begin with state action. That's why abortion is an important issue in this year's gubernatorial race.
