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The basis of the decision wasn't ultimately in states' rights, but instead the view of a lack of constitutional protection against abortion bans. The legal the
by monocasa 4y ago
The basis of the decision wasn't ultimately in states' rights, but instead the view of a lack of constitutional protection against abortion bans.
The legal theory almost explicitly allows for a federal ban in addition to the state bans that tieggered today.
- vinay427 4y agoI believe that’s my point. From what I understand, an incredibly broad interpretation of something like the interstate commerce clause or another enumerated power would seem necessary for such a federal ban to supersede state laws permitting abortions.
- monocasa 4y agoNot quite. The ruling is specifically setup to allow a federal ban against it's challenges. The wording allows several avenues, my bet is on expanding the existing federal murder charge that has plenty of case law supporting it to fetuses at the moment of conception.