Abortion is a legal and Constitutionally protected medical procedure. Apparently, this needs emphasizing. Apparently quite a lot. This is another of those little stories that slips by without context. It needs context.
Ben Nelson twice now has helped scuttle the nomination of Dawn Johnsen to head the Department of Justice's Office of Legal Council. Despite her being unquestionably qualified, he opposed her because of her work ensuring and enforcing a legal and Constitutionally protected medical procedure. He knows he doesn't have the political support, in Congress, from the states, or from the American public, to change the fact that it is a legal and Constitutionally protected medical procedure, so he instead played political games to destroy an important nomination by a president of his own political party.
Ben Nelson and Bart Stupak and their allies also held health care reform hostage to their opposition to a legal and Constitutionally protected medical procedure. They wanted to ensure that no federal money goes to performing a legal and Constitutionally protected medical procedure. The know they don't have the political support, in Congress, from the states, or from the American public, to change the fact that it is a legal and Constitutionally protected medical procedure, so they instead played political games to undermine access and availability to this legal and Constitutionally protected medical procedure.
Because he refuses to accept what is a legal and Constitutionally protected medical procedure, Ben Nelson twice now has thwarted the efforts to govern made by a president of his own political party. He cannot change the law or the Constitution, so he tries to undermine access to rights protected by both. This needs emphasizing. Despite the ways the media and right wing extremists attempt to distort the context, this is not something that is legally or Constitutionally controversial. It is settled law. It is settled Constitutional law.
Opponents of reproductive choice can try to change the law. They sometimes do try to change the law. They fail. But because they can't change the law, they do everything in their power to undermine it. And they often succeed. And they often are allowed to succeed. And their efforts often are framed as part of a legal controversy. It is not a legal controversy. It is settled law. Because abortion is a legal and Constitutionally protected medical procedure.