My fellow Ohioans:
The US Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization [fn 1] marked a critical divergence from the principles championed by James Madison and other Founders at the time of the ratification and implementation of the United States Constitution. Two years later, it is clear that Dobbs unleashed far-reaching consequences for American federalism and individual rights, posing significant threats not just to reproductive freedom, but to our constitutional republic's foundational structure and liberties.
By overturning fifty years of Roe v. Wade [fn 2] precedent and returning the issue of abortion “to the people and their elected representatives” of the individual states, [fn 3] the Dobbs Court emboldened and empowered state-level extremist factions, often solidified by severe gerrymandering (as in Ohio), to enact policies that starkly diverge from the clear preferences of a majority in both Americans and Ohioans. Dobbs and its fallout starkly illustrates Madison's warnings about the dangers of unchecked factionalism to republican governance.
In his 1787 "Vices of the American Political System" [fn 4] and elaborated in Federalist No. 10, [fn 5] Madison warned about the dangers of localized factions:
If the multiplicity and mutability of laws prove a want of wisdom, their injustice betrays a defect still more alarming: more alarming not merely because it is a greater evil in itself; but because it brings more into question the fundamental principle of republican Government, that the majority who rule in such governments are the safest Guardians both of public Good and private rights. [fn 6]
Madison’s advocacy for a large federal republic was rooted in the belief that it could dilute and moderate the influence of any extreme faction and protect the rights of individuals across a diverse populace. By revoking federal protections for abortion rights and “returning” the issue to the states for regulation, Dobbs intensified state-level factionalism, enabling de facto extreme minority rule through gerrymandered legislatures that hurriedly imposed abortion bans contrary to the will of the broader populace. The combination of Dobbs’ reverence for states' rights and ongoing short-sighted gerrymandering by power-hungry politicians has disrupted the Founder’s careful constitutional balance and decoupled legislative bodies from the electoral accountability that should naturally regulate them.
This concentration of power in extreme state factions insulated from electoral accountability subverts the core Madisonian (and American) principle that the majority, formed in a fair process of electing representatives, should safeguard both public good and private rights. The resurgence of absolute abortion bans in various states, which neglect considerations such as the life and health of the mother, and provide no resulting public good, exemplifies a blatant legislative disregard for women's rights and personal liberty, as well as democracy and republicanism.
We are witnessing the purposeful and systematic erosion of liberty and representative democracy, as evidenced by the need for citizens to resort to extraordinary (and expensive) ballot initiatives to protect their fundamental rights. While overwhelming majorities have voted in support of reclaiming their abortion rights, individual privacy, and personal liberty, the utter necessity of resorting to such direct democracy measures signals a profound failure in American concepts of representative governance. Post-Dobbs, the normal channels of representative republican government are failing.
Dobbs and the resulting extremist rush to pass punitive state abortion bans has not simply restricted American women's liberty and right to choose, but stricken the very heart of our democratic and republican ethos. By enabling and empowering factional tyranny by extremists, the Dobbs doctrine threatens the broad spectrum of liberties guaranteed by our federal and state constitutions. If we don’t act, what other cherished rights will come under minority attack?
As we face this erosion of rights, it becomes crucial to reaffirm and advocate for federal protections that can restore and preserve the liberties that Madison and the Founders envisioned, and that we cherish as essential to a free and just society. The stakes extend beyond reproductive rights, touching the very essence of our freedom and the integrity of our democratic system.
Respectfully,
Jeffrey A. Ruppert
libertasohio.com
jeffreyruppert.com
[fn 1] Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. 215 (2022).
[fn 2] Roe v. Wade, 410 U.S. 113 (1973)
[fn 3]Dobbs v. Jackson Women's Health Organization, syllabus and pp 8-79.
[fn 4] Madison, J. (1787). Vices of the American Political System
[fn 5] Madison, J. (1787). The Federalist No. 10.
[fn 6]
Madison, J. (1787). Vices of the American Political System
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