Abortion and American Federalism: Some Lessons for Nigeria

Abortion and American Federalism: Some Lessons for Nigeria

OLARINRE SALAKO

The 2024 US Presidential election highlights the contentious issue of abortion, sparked by the Supreme Court’s overturning of Roe v. Wade (1973). This landmark 7-2 ruling legalized abortion nationwide but was reversed 49 years later in the 6-3 ruling on Dobbs v. Jackson Women’s Health Organization (2022), giving states authority to regulate or ban abortion.

The two Presidential contenders have differing opinions:

  • Former President Donald Trump believes it’s appropriate to allow each state to determine what’s best for them, with exceptions for incest, rape, and the mother’s life.
  • Vice President Kamala Harris argues that Roe v. Wade should not have been overturned, emphasizing abortion as a matter of women’s healthcare and bodily autonomy.

This writer supports the principle of federalism underlying the Dobbs v. Jackson decision, emphasizing state autonomy and decision-making power. This approach allows diversity in policies, reflecting unique state values, beliefs, and needs. Similarly, the definition of marriage and same-sex marriage should be left to individual states. Hopefully, it will not take another 49 years to overturn Obergefell v. Hodges (2015) same sex marriage, a 5-4 ruling of the US Supreme Court.

The fact that none of these US Supreme Court ruling enjoys 9-0 support underscores the importance of honoring the diversity in a Federal system.

Lessons for Nigeria:

The US model of federalism offers valuable insights for Nigeria:

  1. State Constitutions: Every state has its own constitution.
  2. Taxation: States set their tax rates. For instance nine states have NO income tax. They are: Alaska, Texas, Florida, Wyoming, Nevada, New Hampshire, South Dakota, Tennessee, Washington.
  3. Property Tax: Each state determines its property tax rates.
  4. Natural Resource Management: States manage and regulate natural resources within their borders. For instance Texas has its own electric power grid. California has the most stringent rules against fossil fuel.
  5. Electoral Guidelines: States set electoral rules, including presidential elections.
  6. Education: States have significant control over education policies.
  7. Healthcare: States regulate healthcare services and access.
  8. Law Enforcement: States have primary responsibility for law enforcement, with local police departments.

Nigeria can adopt a more decentralized federal system, granting states greater autonomy in decision-making and policy implementation. This would:

  1. Foster diversity and innovation.
  2. Encourage local solutions to unique challenges.
  3. Promote accountability and transparency.
  4. Strengthen federal-state relations.
  5. Encourage healthy competition and collaboration.

By embracing federalism, Nigeria can address regional differences, improve governance, and enhance citizen engagement. If the Nigerian Federating States cannot handle this federalism, Nigeria should reconsider more practical regional federating units.

Olarinre Salako, PhD.
Texas, United States.
September 14, 2024.

P.S. In response my last article, some readers have accused me of insulting Nigerian Presidents since 1999 by labeling them a collective failure due to their inability to revamp Nigerian Refineries, despite multi-billion-dollar expenditures on turnaround maintenance. As a PhD holder in Petroleum (Geo-Energy) Engineering, I stand by my assertion. If those Presidents feel insulted, they should account for the spent funds or reflect on their shortcomings. It’s unacceptable for a Petroleum Minister to maintain an office in Abuja while refineries in Warri, Port Harcourt, and Kaduna remain idle. A responsible minister would relocate to one of these refineries, collaborate with refinery leaders, and provide Nigerians with weekly progress reports. Once the first refinery is operational, they would apply lessons learned to the next, until all refineries function effectively for the nation’s benefit. If the five (5) Presidents of Nigeria since 1999, including the current, cannot get federal government owned refineries working, maybe that is another reason we should refederate and allow each state or region to handle its energy independence. We either embrace federalism or die!!!

Written by Olarinre Salako, from Rifnote

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