History tells us that caution and patience are virtues. The Alabama law throws both to the wind, accomplishing little in practice except giving ammunition to those who seek to maintain abortion. It is a warning that we in the anti-abortion movement are ready to fight. However, I am less concerned with fighting than winning, and the Alabama ban is not how we are going to do that.
In 1875, at the tail end of Reconstruction, Congress passed a Civil Rights Act which banned racial discrimination in public amenities. It made its way to the Supreme Court, which ruled the act unconstitutional in 1886’s Civil Rights Cases...The underlying legal decision from the Civil Rights Cases remains good law, even if it has been subverted in effect. Since that underlying legal decision has become incredibly important, this is problematic."