No matter where you stand on the abortion issue, there are 2 fundamental differences between prosecuting murder and abortion. Therefore the "abortion is murder and should be illegal" argument put forth by Collins & others is deeply flawed.
One is that approximately half of the public believes that abortion is OK in some circumstances, and have much more well-reasoned arguments on their side than anyone who would condone murder of independent human beings. THAT DOES NOT IN ITSELF MAKE ABORTION OKAY. Human rights are not based on majority opinion, but what if 50% of the public thought murder (of other adults or children not in the womb) was okay, and had sound (if not valid) arguments and literature to base it on? At that point, a government would become completely overwhelmed trying to prosecute all murders that take place, unless they became a police state with surveillance in every household and public place. Since 50% of the people would be likely to commit homicide at any time, the only solution would be a fascist government that followed everyone around at every moment.
Second, as has been pointed out by Justin Raimondo and a few others, abortion involves an adult or teenager and another living being which is inside of them and completely dependent on them. Women can, albeit dangerously, give themselves miscarriages and easily lie about it, or find a dozen other ways to dangerously & illegally abort a pregnancy. It is impossible to follow every pregnant woman around for 8 full months with government surveillance to keep her from throwing herself off a flight of stairs or sticking metal objects up her vagina, without becoming a surveillance state. Didn't Ron Paul write in Liberty Defined that prosecuting or policing early-term abortions would be futile for these reasons?
It is very comparable to trying to prosecute suicide. A person can do it to themselves so you would need an incredible amount of surveillance and intervention in everyone's daily lives to try to prevent all suicides. Another parallel exists in the War on Terror, as men, women or children blow themselves up in order to kill Americans. The neoconservative/statist solution is to bankrupt your country in order to spy on & frisk every possible man, woman or child around the world who may have a bomb strapped to them. The libertarian (& I would argue Christian) solution is to peacefully persuade those people that there's a better way of life than sacrificing themselves for radical and violent sect of Islam. As Ron Paul said once in an interview where he compared the two issues (abortion/terrorism,) "force never works."
I am very disappointed in Rand Paul's views on this issue and I hope Gunny is right when he says the LACA is just states rights in disguise. I also feel that Rand will have to moderate his rhetoric & undo the damage already done in order to win the Presidency while taking questions about abortion. That's just a personal opinion, I can't prove it but it seems impossible to contradict yourself that much and not receive terrible PR from an already hostile media.
A few things here...
First of all, most abortionists are going to get away with it. I have conceded this. I'm also not a utilitarian. So even if a surveilance state would reduce abortion frequency, its still evil and still should be opposed. In the same way, abortion should still be punishable, even if ineffective. This doesn't mean that we have to set up an entirely new department of police in order to prosecute abortionists, stealing more of the taxpayer money is also an evil. It does mean that vigilantes who kill abortion doctors should be considered heroes, or at the very least providing a valuable service, rather than killers. Simply pardoning Scott Roeder would send a huge message to the murderers that their actions are not welcome in this country. It does mean that anytime evidence does in fact happen to come up that someone is guilty of abortion, if there is probable cause, you arrest them and have them placed on trial for murder.
I agree with you that a lot of hearts and minds have to change for that to actually happen. And the change of hearts and minds in and of itself would end a lot of these problems. AuH20 was right, what is really necessary to slow the epidemic is not more laws, but SHAME. That said, I will still continue to advocate that abortion be treated as first degree murder as that is what I believe it is. I don't think that's ever going to happen. I also don't think we'll ever get any kind of a freedom candidate in the White House, but that doesn't mean I'm going to stop advocating for it and stop telling the opposition how wrong they are. Same thing with abortion.
As for Raimondo's argument, he does have a point. As strongly as I feel about this issue, I'm willing to admit that the libertarian position on it is far from "Settled." To me, the humane, justifiied position is "Pro-life" and "Pro-choice" is not, but I acknowledge that libertarian theory has failed to conclusively solve it at this point. That said, the "Inside her body" argument fails for a few reasons. Firstly, eviction theory (The only pro-choice argument with any bit of credibility, every other pro-choice argument is just deiberate but well-hidden support for the right to murder, I can prove this but I won't do so in this post, if anyone asks I'll address hat next time as its already getting long) doesn't make much sense because the infant is really just as dependent on his mother after birth as before. The only difference is that somebody else can theoretically take responsibility after birth. Even still, for someone else to agree to do so takes time, and you can't just leave a newborn baby on a table to die. Even Walter Block, the founder of eviction theory, would argue that in order for your obligation to a child to end, you must first notify the world that you are abandoning the raising of that child. Walter Block would, I believe, say that if nobody was willing to raise the child (Admittedly fairly unlikely scenario) that it would be legally acceptable to leave that baby to die. I reject this as absurd and inhumane, and I think 90+% of the population also realizes that this is wrong. But then... this proves eviction theory wrong in its entirety. If you have an obligation to your child outside the womb, surely you also have an obligation to it before birth? If not, why not? The only possibility is to prove the absurdity that a fetus in the womb is not a human person. DNA proves this wrong.
Secondly, you are correct that a ban wouldn't "Work". But then, who cares? Why does it matter? Utilitarianism is the argument for all kinds of statism, and while they likely do not come to the utilitarian answers very often, it wouldn't matter if they did. Its still wrong. So is abortion. No matter how many people support it, its legality is still WRONG.
As for suicide, I'd say suicide is immoral but should not be illegal. You have a right to kill yourself. The only exception is in the case where you have a child that nobody else has as of yet agreed to care for, in which case you are breaking an implied contract with your child.
As for Terror, while I certainly disagree with mass surveilance, wars against all kinds of foreign nations, exc. I see absolutely nothing wrong with going after those who organize these attacks and putting them to death for conspiracy to commit murder.