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"The Constitution does not confer a right to abortion" But Congress can.
by h2odragon 4y ago
"The Constitution does not confer a right to abortion"
But Congress can.
- newaccount2021 4y ago
- notacoward 4y agoCongress-in-theory can. Congress-in-reality? No chance.
- pmdulaney 4y agoThat is an interesting question, though you are probably right. The Court has not asserted that abortions per se are a violation of the Constitution, but that Roe incorrectly affirmed that there was a right to abortion. Presumably there are laws that could be passed (e.g., red-haired persons may be shot on sight) that would certainly be found to be unconstitutional. In the case of abortion, the Court could find a right to life for the unborn and invalidate any law Congress might pass that guaranteed the right to an abortion. Bottom line, I don't think one can assert without fear of being proven wrong either that Congress can confer a right to abortion or that it can't.