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I've just started to read some of Rawls, Isaiah Berlin on pluralism and political liberalism. I mainly got into it thinking about the deep divides in the US, where we have fundamental disagreements on things such as personhood, morality, and justice (and sometimes facts!). I'm hoping to find some glimmer of hope in a way forward that does not devolve into legal, winner-take-all/zero-sum battles.

Specifically, I want to focus on a pluralistic solution to the abortion debate: In the US, it appears most people think abortion should be legal in most/all cases, by almost any measure/slicing apart from conservative Republican Evangelicals: https://www.pewresearch.org/religion/fact-sheet/public-opinion-on-abortion/

Since the overturn of the Roe v Wade precedent, the matters have gone back to each state. However, despite the overall sentiment from the above poll, we have a number of states making abortion all but illegal (even in cases where the woman's life is in danger -- let alone health).

My question is whether State level decisions are actually the better outcome given a very sizable minority of Americans do deeply disagree with the ethics/legality of abortion. Should we really force a one-size-fits all solution or is the patchwork a better (if still very imperfect) implementation of Rawls/Berlin's vision of how a pluralistic democracy should operate (as opposed to the constant existential fear of the "pendulum swinging the other way"). Is it better to always have the option to move states than to be potentially trapped by national policies?

I'm a bit torn on the matter so was asking if others who are more knowledgeable in pluralism could chime in on what a practical pluralistic solution would look like to the abortion rights "war" going on in the US.

Thanks!!

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5 Answers 5

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In Political Liberalism Rawls argues that liberal governments (in the philosophical way, not blue states) should have the public debate rely only on public reason, it is to say that the arguments considered should be acceptable by all parties involved, and the arguments who are rejected by one of the parties - for example, because of metaphysical disagreements - should be avoided.

Accepting an argument does not mean conceding it is prevalent, but merely that it qualifies to be compared with other acceptable arguments to judge their respective merit. For example, I can accept the argument from little Timmy that cookies are yummy and he wants to have one right now. It is reasonable, for I too find the cookies yummy, or at least I can conceive that some people find them so. It does not mean that I will immediately concede to Timmy's argument and give him a cookie: I have my own argument that cookies are expensive and Timmy already had one today. We can now compare the respective merits of those arguments and have a debate within the limits of public reason.

But now let's imagine that Timmy argues outside of public reason: he received, he says, from God himself the right to pick a cookie from the jar whenever he wants. This is an argument I can't accept if I don't believe in God, or if I believe in Him but not that he appears to little boys to grant them cookie priviledge. This argument has no place in the public debate of a liberal state, according to Rawls.

We can immediately see a default in that position, which is "what if people arbitrarily and opportunistically declare they reject an argument who proves to be inconvenient for them ?". In the example above, what prevents Timmy from claiming he does not accept any argument based on domestic economy: my argument that cookies are expensive shall not even be considered. Of course Timmy is arguing in bad faith, we know he insists on getting his pocket money every month. We can see here another important principle for deciding if an argument is part of public reason: the limits of public reason can't be changed from one discussion to the other. Timmy can't argue we shouldn't care for money when it comes to cookies, but care when it comes to his alimony. He has to give up on one or the other.

Now let's see how this principles apply to two common arguments held by the proponents and opponents of abortion rights, respectively: the right to bodily authonomy and the personhood of the fetus.

The personhood of the fetus is a stapple of people opposing abortion rights: if a fetus is a person then provoking their death is murder, murder is bad, as a consequence there should be no abortion rights. The problem is, proponents reject this premise. There might be disagreement among proponents about the exact threshold from when a fetus becomes a person, but we'd be hard pressed to find even one proponent who accepts that a blastocyst is a person. Not only they reject it but they can do so consistently, having no need to grant personhood to fetuses in other discussions about public matters (AFAIK). This argument can therefore be said to not be part of public reason.

The argument of bodily autonomy is the idea that people should be free to decide what they do with their body (expressed by the slogan "my body, my choice"). Proponents of abortion rights argue that women should be able to decide if they want to use their body to grow a fetus to maturity, including a risk of health related complication that can lead up to their death. The difference with the other argument is that opponents don't reject this premise, because they too want to have their own bodily autonomy. The COVID pandemic showed enough how conservatives care about their bodily autonomy, with their massive rejection of mask and vaccine mandates. Since they can't have their cake and eat it too, the bodily autonomy argument is part of public reason.

As a side note, earlier we made the precision that an argument being acceptable does not mean it can be prevalent all the time. A common but naive counter to the bodily autonomy argument is to exagerate its consequences, for example by arguing that it would prevent any criminal from being arrested or detained. Yet we made clear that public reason arguments should be balanced with each other, here the need for public safety, who is also part of public reason (who doesn't want safety?).

So many arguments have been produced on both side of the abortion rights debate that it would be too long to analyse them all in the same way, but I think we addressed the main workhorse of each party.

It is my opinion that, were we to take each of those and determine which is part of public reason and which is not, a rawlsian analysis of the issue would lead us to the following result: in a pluralist liberal state, opponents to abortion right have to suck it up, enjoy their liberty to not have abortion if they don't want one, and let those who want one be free to have one.

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  • It's good, unless they don't agree to be bound by arguments of this form.
    – Scott Rowe
    Commented Jul 31 at 10:58
  • +1 and accepted. Thank you! This is exactly the perspective I was looking to get input on. Glad you cited the exact book I plan to tackle :) Well done and succinct.
    – Annika
    Commented Jul 31 at 17:51
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I very much like Philip Pettit’s discussion around pluralism in his Republicanism: A Theory of Freedom and Government. For Pettit, there is a key truism in politics that everyone wants more freedom, but this turns on Berlin-style debates about what exactly freedom is, and how naive models of freedom can give rise to social configurations that radically oppress some of its members.

For Pettit, the civic republic is driven by a key commitment to non-domination. We might accept that there are a plurality of concepts of liberty, and individuals and communities do and must be allowed to differ with respect to what they believe and to pursue their goals and goods. However there is something constitutive about republican liberty as non-domination - whatever concepts of liberty you might have, we agree at least in this, that it does not give rise to coercive control.

What about criminality, about managing the delivery of justice, and the management of the state which we might think gives rise to authority, however mediated it might be by agreed political values? Well, for the republican, this is the role of the Constitution - we, as individuals within a republic, consent to be governed under the terms set out by the constitution, which outlines the limits and capacities of organised bureaucracy and law. The delivery of what is promised by the constitution is not domination; it creates enhanced possibilities for abuse, but this is also subject to law, and the penalties for such abuse are also delivered in a functioning republican state.

The US federal/state system is a good way to account for pluralities in the republican concept of freedom, because it allows for stratified concepts of differences in the law and state constitutions sit below and can expand upon the core federal constitution. So this gives rise to a first proposal in response to your suggestion, which is that yes, we might think that if states disagree in a fundamental way about whether a particular issue is a matter of agreed boundaries of the rights of individuals, then a position of silence at the federal level removes an imposition that individuals living in a republican (small r) state either way that would be seen as a domination.

However, this is where things get complicated, because abortion as an issue strikes at the heart of a question of the identity of persons and power. Republicans (big R) very much see abortion as an act of domination, and this means they believe there is something that the federal level should take a stance on. Democrats (big D) and liberals in general take an opposing view, that state interference in women’s reproductive choices and indeed her bodily health and autonomy in general is the only domination at work here because a gestating foetus is not an individual person within the state but a component of her own body, that she must retain the right to control what is happening within herself, and that no state (federal or local) can have domination over her.

So, we might suggest, there ought to be a constitutional convention on the matter of the scope and nature of the freedoms operative within the terms of what we, as people in the small r republic, give consent to, and this might give rise to the possibility that the federal constitution does not and cannot encapsulate the two different sides of this disagreement. In such a scenario, it may be worth considering whether the federation can be sustained, and the answer might be “No”.

Hopefully this helps get to the core of the issue here. For less critical matters, yes, pluralism is served by federal silence. But for key matters at the heart of constitutional interpretation, silence may not be an option, and in these situations, perhaps a single unifying constitution may not be possible.

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  • The next Civil War in the making?
    – Scott Rowe
    Commented Jul 29 at 15:28
  • @ScottRowe, I would suggest perhaps a non-acrimonious civil divorce might be a more sensible option? But of course the real problem will be resolving custodial disputes… Commented Jul 29 at 16:04
  • I agree with the overall answer. Dobbs is federal silence and does not strengthen pluralism but has the opposite effect -- it strengthens interference of the state (in the form of the individual states), diminishes safeguarding the right to privacy, the rights to bodily autonomy of women (as clearly also stated in the dissenting opinion by Breyer, Sotomayor and Kagan). In the US, the question does boil down to how to interpret the Constitution. Generally it also boils down to how to interpret someone right to privacy and autonomy.
    – mudskipper
    Commented Jul 29 at 17:38
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States' rights?

Leaving the decision up to states doesn't seem all that reasonable. Either it's best to allow something, and it should be allowed nation-wide, or it's best to ban it, and it should be banned nation-wide.

Very few people would be fully consistent with the idea of letting states decide laws, i.e. letting states decide whether killing people for fun is legal, whether slavery is legal, which races or genders should or should not be allowed to vote, etc. It seems it's mostly people who are anti-abortion who are saying states should be allowed to decide on this issue, because it's a step towards abortion being banned (which is what they want). If ever there's a nation-wide abortion ban, I'd be surprised if many of them kick up a fuss by sticking to their current position and insisting that states should be allowed to decide this (whereas I'd be consistent in my position that abortion bans are immoral).

In any case, you asked about pluralism: I don't think states' rights work well with that. While some states are quite liberal and others are quite conservative, it's still the case that within a state, there is a wide range of different interests, beliefs, and lifestyles. So by letting states decide things, you aren't allowing for the peaceful coexistence of different interests, beliefs, and lifestyles as much as you're potentially allowing states to prevent such peaceful coexistence.

Is it better to always have the option to move states than to be potentially trapped by national policies?

It's a rather privileged position to have the option to move states. Not everyone has the financial freedom to do so, and even if they do, moving across the country tends to be quite disruptive to one's life, and it may involve moving away from one's friends and family.

As for the risk of potentially having a bad national policy: I'd rather argue for policies on a national scale to try to make those good policies. I wouldn't want people in other states to suffer for the sake of some risk mitigation for myself and others.

If you're going to be consistent in advocating for smaller jurisdictions above bigger ones, that seems to tend towards anarchy (a stateless society) - you'd eventually get down to each individual ruling themselves. Or maybe one could argue that we should stop at the city or town level: that would at least be some bounds of people living together in a group. State lines are much more arbitrary - I don't see how one could argue for those being able to decide things on a fundamental level, beyond the fact that the already have the right to do so, to some extent. Country lines are also arbitrary, but there's well-established precedent for national law to override state law in the US, so I don't see a reason to push things back down to the states.

* I suppose if the majority views within states deviate enough from other states, across many issues, one could potentially argue that there should be a split in governance. Agreeing on the best national policy would still be better than this, but you may get to a point where there's too much disagreement for this to work. But this seems to make more sense as a universal policy rather than something decided on an issue-by-issue basis, and it would be less about peaceful coexistence among individuals and more about peaceful coexistence among groups of people with different cultures.

How to peacefully coexist?

Regarding how to actually come to a peaceful coexistence, well, if there was an easy answer, we'd probably already be doing that.

One could argue that there are representative issues with how the government is set up, given the first-past-the-post two-party system, the electoral college, a shortage of laws against bribery, incorporating too many issues into a single vote, a shortage of term limits, etc. But that's probably something one can write multiple books about.

Regarding abortion specifically, I'd argue that the pluralist answer would be pro-choice: allow each individual woman (and her doctor) to make the decision that concerns her and her child, that is compatible with her beliefs and her views on bodily autonomy.

Peaceful coexistence tends to favour freedoms/rights above bans, because freedoms allow you to live consistent with your interests, beliefs, and lifestyles, whereas bans prevent this and involve others imposing their interests, beliefs, and lifestyles onto you. Although one should not have the freedom to oppress others, because that would restrict their freedoms. Some argue that abortion oppresses fetuses while others argue that forcing a woman to give up her body for 9 months to carry around a fetus she doesn't want is oppressing her, and that the anti-abortion view on bodily autonomy isn't applied consistently: we don't require people to give up their organs - even dead people have more rights to their organs than pregnant women where abortion is banned.

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    This seems primarily a political answer, not a philosophical one. Probably because it's largely a political question. Commented Jul 29 at 13:56
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    @JohnBollinger - The question is partially a political question - how to get to a pluralist realization - but that crucially involves interpretation (what would a real plurailst soluton look like). As also evidenced in how SCOTUS first interpreted the right to abortion in RvW and adopted an opposite interpretation in Dobbs. Apparently pluralism won - since it's now up to the states. But has it really? Is this what we want of "pluralism"?) The interpretative question again has both normative and factual aspects (and future-looking ones). (Is the Republic of Gilead now a little/a lot closer by?)
    – mudskipper
    Commented Jul 29 at 14:48
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    @mudskipper, I do not deny that a philosophical response could be presented to at least some aspects of the question. My point is that I do not see that in this answer. Commented Jul 29 at 14:56
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    [Very few people would be fully consistent with the idea of letting states decide laws, i.e. letting states decide whether murder is legal] It's impossible to "decide whether murder is legal", since a murder is an unlawful killing, but the American States do in fact decide (and differ on) what constitutes a murder. The USA has federal statutes defining and specifying penalties for murder, but these apply in circumstances and places outside the jurisdiction of the States; within the jurisdiction States murder is defined and penalties specified by State law.
    – g s
    Commented Jul 29 at 16:34
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    @gs Ok, let's go with "killing people for fun" then. And I'll be pedantic and I'll say "for" refers to what's written into law or what legal defence someone might use, not what their actual internal motivation is (because I can certainly conceive of a hypothetical where someone kills while motivated by pleasure, but in a way that legally falls under self-defence). The other examples are probably more relevant, though, because those were things states decided once upon a time, then there were constitution amendments to make slavery illegal and allow people to vote independent of race or gender.
    – NotThatGuy
    Commented Jul 29 at 17:55
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Despite some surface appearances, A Theory of Justice is not very "ahistorical" almost at all. So Rawls mentions the issue of intolerant extremists, esp. religious ones, with an eye towards his audience recognizing such American precedents as there had been by then (1971 originally).

Accordingly, it is only part of the picture, the question as to how e.g. Rawlsian pluralism can apply stateside in a certain religiously-charged case, but besides the historical matter of how the religious angles in play both diverge and converge variously? For in the case of the RCC, say, it is a relatively straightforward attempt at metaphysical understanding, to talk about the dividing line between ensouled and soulless objects, etc. However, I have also read that part of the distinctively American Christian basis for strong abortion/contraception regulations hearkens to racial paranoia, such as "olden-days" versions of the white-replacement notion. Mind you, Rawls would not have been much more minded to engage with Catholic pro-life arguments than with arguments implicitly designed by the KKK and similar groups: but he still would have engaged more with them to some extent nevertheless (or else he would not have so sporadically, but noticeably, sprinkled A Theory of Justice with Catholic references, some of which are at least neutral or even, maybe, positive...).

Now, another point that should be made, then, is that on the metaphilosophical level as well, Rawlsian pluralism should be accommodating, somehow, for the sake of analysts like Plantinga and van Inwagen (maybe not Craig, to be fair: forgive me, but I really just can't accept someone promoting a version of an ideology that requires them to vividly rationalize mass atrocities, even if the slaughters were in an ancient, possibly-mythical past). (Supposedly, Plantinga made some dubious remarks about the sincerity of the witch-hunters of yore, but I've yet to confirm that claim.) So, it's not like we ourselves could tolerate only Catholic inputs into the intended "overlapping consensus" debate.

However, and here's the rub for Plantinga, or Reformed epistemology as a whole: by having things like the "Aquinas-Calvin model" of our "sense of deity/having been created," with the purported epistemic superiority this yields, their theories become diametrically opposed to the conditions of non-aggressive resolution of non-aggression problems. Cornelius van Til saw it clearly: the principle of the transcendental argument for the existence of God (that nothing can be proven unless we assume it was created by God to be provable, so that God is the precondition of all possible proof whatsoever) is totalitarian, which is the opposite of pluralistic (and is not mere monism...).


So here I'll briefly observe (or claim!) that the pluralism of Hannah Arendt can be brought to bear on the OP question. In this immediate context, for example, her writings about totalitarianism would hopefully be illuminating (I think they are). Per Arendt, there are very few regimes that are "truly" totalitarian, for her criteria of inclusion in the set are very precise. Historically, a sustained argument is available for the conclusion that, using Arendt's criteria, then besides the Nazi and Soviet regimes which she understood in these terms, there has been only one strong other example, which occurred after Arendt's death: the Khmer Rouge system in Cambodia. (Slightly looser, but still allowable, sets of criteria might fold in a few more cases; but "ideally," one will not come to believe that totalitarianism has ever been in the relevant sense "normal.") But so, to use some naive language about these things, we might claim that there have been two left-wing totalitarian systems to the one Nazi one. (In fact, this would be wrong to say, because as Arendt clearly demonstrates, Stalin was not left-wing, and Hitler was not right-wing, and neither were they the opposite, but in some surprising, but authentic, way, they were centrists (or more similar, thematically, to centrists/moderates than to ardent right- or left-wingers).) And then, for the sake of being "fair and balanced," we could point out that in the US, there is only one actual totalitarian movement, and it is a right-wing one, so now there have been two major right-wing totalitarian movements, and two major left-wing ones, after all.A


ANevermind that to suppose this, that the contours of history are shaped by the prejudices of the statement, "The left/right distinction is exhaustive," is not recommended. Because again, Stalin and Hitler, and so then Pol Pot, should not be thought of as on the left/right spectrum, or not on either of those ends. According to Arendt, there is something about being committed to right-wing or left-wing values that is incompatible with the commitment-free values of the totalitarian mindset. So too, Christian extremism is not right-wing (and of course "certainly" not left-wing, either); in fact, on structuralist grounds, the reconstructionist sample counts as "progressive" (in that they envision the transformation as progress towards an ideal, albeit a very menacing one).



Lastly, there is a sense in which the default practical expression of pluralism, in this case, is to generally permit the kind of action in question, but of course not to force people to do this. Or, in other words, the mainline debate itself is not, "Punishing people for doing it vs. punishing people for not doing it," but, "Punishing people for doing it vs. not punishing people for doing it." Now, to maintain a system of punishment is what makes a government have the most real, physical power. So there is an exact coincidence between a system's propensity towards retribution, and its propensity to oppression, already; so again, the "default" pluralist standpoint is the less-retributive, and hence less-oppressive, one.

Moreover, let's suppose that what seems intuitively "bad" about abortion is not just any example of it, but especially the later-term ones. Even so, there are well-known, acceptable reasons women can have for delaying contraception. A pluralist might worry less about figuring out "exactly when" the threshold of importance is, and instead propose ameliorating the environmental conditions that make earlier-term abortions dangerous for these women (when all things morally considered, shouldn't they be safer???).




Explanation of the given answer

  1. Since a pluralist approach to some problem X should probably not be very strong/assertive, I haven't seen fit to use pluralism as a premise from which to derive a specific conclusion (to the relatively more specific problem of US reproductive-rights policies). For example, suppose we said, "'Leave it to the states' is the solution." But then can't we be pluralists about this, too? I mean, wouldn't an ardent pluralist (almost a contradiction in terms!) first entertain a diverse range of responses to the abortion question, but secondly go on to reflect on the diverse range of responses to the previous diverse range of responses, and so on and on ad indefinitum?

  2. Abstractions aside, it is not clear that the weight of the disagreement over reproductive-rights policies, stateside, is between metaphysical disputants. That is, if we frame it as Aristotelian/Thomistic thinkers vs. scientism-minded/secularism advocates, well, there aren't many of the former. The more politically charged, aggressive anti-abortion group is motivated, to be sure, by metaphysical assumptions that the secularists don't share (i.e., the evidentiary viability of the transcendental argument for God, and the proposal of the "sensus deitas"). Moreover, there is a nontrivial, explicitly totalitarian subset of the religious groups involved in the dispute; other things being equal, a totalitarian won't favor a pluralistic solution to this or that problem, so trying to apply pluralism directly to the issue, here, might not be very effective.

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  • Thank you. I'm not sure how to digest this lol. Basically, I was wondering if state-level solutions is more "pluralistic" than trying to win a national debate on abortion.
    – Annika
    Commented Jul 29 at 5:44
  • Indeed - this post does not answer the question. And couldn't the valid points also have been expressed in a more pointed manner? :)
    – mudskipper
    Commented Jul 29 at 13:02
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    @mudskipper I shouldn't be dishonest and glamorize my answer by claiming that as I was writing it, I was trying to convey the pluralist mindset by way of wandering, soft-spoken statements. I wasn't; I was just very tired. However, it's true that by wandering about "quietly," I've conveyed an internally pluralistic response to the OP question. Commented Jul 29 at 14:13
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    @KristianBerry -- Hm, I don't know... (I do agree -- if you're saying sth like this -- that "style" is an ignored aspect of philosophy; also, esthetics and ethics aren't totally separate fields. E.g. some of the members of the US Supreme Court are not just corrupt, untrustworthy and immoral in my eyes, but also disgusting.)
    – mudskipper
    Commented Jul 29 at 14:23
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    @mudskipper it's good that you bring the SCOTUS up, I bet if I read through RvW and the newer ruling, I'd find more about the "pro-life" stance, on the side metaphysical debate. OTOH I've seen that SCOTUS decision explanations can run into like the frickin' hundreds and hundreds of pages, so not sure I have the energy to sift through all that right now... Commented Jul 29 at 14:32
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Let us have the courage of our admitted ignorance, of our doubts and uncertainties. At least we can try to discover what others […] require, by […] making it possible for ourselves to know men as they truly are, by listening to them carefully and sympathetically, and understanding them and their lives and their needs, one by one individually. Let us try to provide them with what they ask for, and leave them as free as possible (2008, 296). - Isaiah Berlin

So you wouldn't quell the debate, you'd finally have that debate. I mean fanatic groups religiously trying to quell that debate is a major part of the problem and it's anything but pluralistic as they try to project their ideals onto anybody else.

Like there are many perspectives you could have on that. I mean you don't have to be a feminist to realize a pattern when looking at stuff like the history of women's rights.

Women's rights developed slowly over time and it's hard to ignore the word "married" in that. So without getting married there were pretty few rights to begin with and getting married early set you up for an often predetermined path in life as a stay at home mother, unless you died in child bed or were to old to have children and a live of your own.

So yeah understandably abortion had been a big deal in providing women with the agency over their own lives and the ability to decide when they want to have a family and with whom etc.

So if you want to take abortion out of the equation or reduce it, you might want to have a look at how you could provide the same or similar benefits without it.

I guess there's not much to discuss when it comes to saving a woman from dying in child bed by an abortion.

But outside of that there's quite a lot you can do. Like you can strengthen women's rights. Also if you understandably have a problem with late term abortions you could have them earlier when the fetus is less developed. Or you could start even earlier than that, with contraception and sex education. You could research further into in-vitro fertilization and/or freezing of sperms and eggs, to make that more of an anticipated choice than a troubling thought. Or before and after pregnancy you could improve protection of mothers and pregnant people, could ease the adoption process, have good child protective services and support families with children (their own or adopted).

And there's quite a lot of room for improvement in the U.S. for many of these issues:

The U.S. is the only country not to have ratified the Convention on the Rights of Children (CRC) and applies it only sparsely and based on state:

https://www.hrw.org/feature/2022/09/13/how-do-states-measure-up-child-rights

Sex education is apparently also an issue that is "controversial":

https://www.jahonline.org/article/S1054-139X(21)00451-1/fulltext

https://www.plannedparenthood.org/learn/for-educators/whats-state-sex-education-us

And when it comes to caring for women after giving birth:

The Marshall Islands, Micronesia, Nauru, Palau, Papua New Guinea, Tonga and the United States are the only seven countries in the United Nations that do not require employers to provide paid time off for new parents

https://en.wikipedia.org/wiki/Parental_leave#Parental_leave_policies_in_the_United_Nations

And that's not speaking about whether parenting is a woman's job only or whether both parents should have a right and duty to care for their offspring. Like from what I've seen it's both a special privilege and a soul crushing burden to care for a small human and help them develop into a responsible big human.

And that's just one perspective. There are a plurality more angles from which you can look at this. Like each pregnant woman could probably tell you their own story which might slightly overlap in some aspects and be different in others.

But already there are a lot of options to take pressure off that topic by other means if people would want to do that. But it seems as if fanatic anti-abortionists also like to restrict choice in those branches as well, like by sabotaging sex education, making access to contraceptives harder or claim it to also be abortion and by not giving a single flying fuck what happens afterwards. So that abortion, becomes the fit all solution for a variety of issues for which it's not supposed to be a solution to begin with as there are already better alternatives. But where abortion is likely a position to easier defend than the rest.

My question is whether State level decisions are actually the better outcome given a very sizable minority of Americans do deeply disagree with the ethics/legality of abortion. Should we really force a one-size-fits all solution or is the patchwork a better (if still very imperfect) implementation of Rawls/Berlin's vision of how a pluralistic democracy should operate (as opposed to the constant existential fear of the "pendulum swinging the other way"). Is it better to always have the option to move states than to be potentially trapped by national policies?

No. How is that pluralistic if you just assert that states are somehow magically super homogeneous areas where one-size-fits-all solutions do actually fit all. I mean especially if they allow for rampant teen pregnancy there are lots of people being born into these states for whom these laws apply, who had no choice to affirm or dissent with them and who might not be in an economically stable situation to move states for a procedure that is likely also made deliberately expensive. Not to mention that if there is a general ban on abortion, even those out of medical necessities, that it's too late to make large travels to begin with, without posing a major health issue.

So no "if you don't like the laws: leave." would be the same for the state level as it would be for the federal level. And by pushing people out, you'd further decrease plurality and enforce monism. Just that this wouldn't actually generate a homogeneous community either because the underlying problems are still present, it solved none of that.

So no that is more or less a purely semantic argument using language to insinuate plurality when it really much advocates for the opposite of that.

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    I keep thinking we should constrain each person to follow their own views, but I suppose that is incoherent.
    – Scott Rowe
    Commented Jul 29 at 15:21

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