Regardless of whether you support or oppose abortion rights, you have to admit that the Supreme Court has left matters in a mess. Having a patchwork of regulations is not necessarily a problem by itself, but red states attempting to impose their will on blue states is. We are looking at years of really ugly litigation, and strains on the federal system that haven’t existed since the Civil War. It’s not a pretty picture.
A national abortion referendum could help resolve the problem. The ultimate objective would be to use the results of the referendum, which would be done on a national basis–not state by state–as the basis for federal legislation that would preempt any state laws. It would require, at a minimum, both parties to agree up front that the bill implementing the election results would not be filibustered.
The referendum would include at least two multiple-choice questions. The first question would revolve around when abortion would be permitted; the answers on the ballot would be: never; only to save the life of the mother; only in cases of rape and incest, or to save the life of the mother; and no limit on reasons for abortion. People who checked the last box would then be asked to provide a number of weeks for the procedure to be legal: 6; 15; 20; 24; or no limit. More questions could be added to address other specific issues, but these are the two core items.
The approval of federal legislation consistent with the referendum would put an end to extraterritorial and vigilante-based state laws. While it would not silence the extremists on both sides, it would effectively defang the issue for the foreseeable future. Finally, it would give everyone a fair and equal shot at being heard, so there would be no basis for grievance politics after the referendum.