Roe And The Democratic Process

Freddie of Ordinary Gentlemen counters Ross:

In his column today, Ross Douthat repeats once again the pro-life canard that Roe v. Wade has somehow taken abortion out of the democratic process. This is simply not true, no matter how many times those opposed to abortion repeat it.

Setting aside the banal fact that the judicial system is a part of our democratic process, there is a clear, straightforward and well-known way to overturn Roe v. Wade– pass a constitutional amendment criminalizing abortion. That’s how you override Supreme Court decisions; that’s how Dred Scott was effectively overturned. That’s how the federal income tax was passed. There’s a method for overturning Supreme Court law you don’t like, it’s well known, it’s time tested, and it’s as open to abortion foes as it is to anyone else. If anything, a constitutional amendment is more democratic, because it has to be approved by a larger number of representatives and clear more hurdles before it passes. So why doesn’t Ross propose passing a constitutional amendment banning abortion? Because he knows it would lose.

Does Freddie think, if Roe had been decided the other way, that pro-choice advocates would have been able to pass a constitutional amendment in favor of abortion rights?