4 ms·

I don’t believe that’s accurate. The Congress is already talking about passing nationwide legislation to protect the right to abortion. Such legislation would s

I don’t believe that’s accurate. The Congress is already talking about passing nationwide legislation to protect the right to abortion. Such legislation would still be constitutional even after this decision. Having said that, I think national legislation is probably not the most effective way forward for the pro-choice movement. All that will do is continue to galvanize the pro life side.

dragonwriter 4y ago
> The Congress is already talking about passing nationwide legislation to protect the right to abortion. Such legislation would still be constitutional even after this decision. Please cite the Constitutional power authorizing this, restricting it to powers that will hold up under the present Court against a state asserting the absence of Constitutional federal authority and infringement of powers reserved under the 10th Amendment. It can't be the power to enforce the 14th Amendment, because abortion as a right within that has been ruled out. A hyperexpansive view of the Commerce Clause? No, codification is a fools errand.
- rufus_foreman 4y ago
  From Kavanaugh's concurrence: "On the question of abortion, the Constitution is therefore neither pro-life nor pro-choice. The Constitution is neutral and leaves the issue for the people and their elected representatives to resolve through the democratic process in the States or Congress — like the numerous other difficult questions of American social and economic policy that the Constitution does not address". ... "After today’s decision, the nine Members of this Court will no longer decide the basic legality of pre-viability abortion for all 330 million Americans. That issue will be resolved by the people and their representatives in the democratic process in the States or Congress."
  - dragonwriter 4y ago
    Even if it was in the main decision and not a concurrence, and even if a statement about the effect rather than legal rationale of a decision wouldn't be dicta rather than ruling even there, that statement does not erect any new Constitutional basis for Congressional action. If you think there is a basis in the Constitution for Congressional authority to protect abortion against state prohibition that this Court would uphold against a State challenge, please present the specific Constitutional grant of authority.
    - thathndude 4y ago
      Interstate commerce clause. Our federal gov’t is no longer one of limited powers, in practice. Congress can justify damn near anything under that enumerated power. 80 years ago in Wickard the Court said Congress could regulate a Guy growing an acre of wheat for his family because, if everyone did it, it would affect interstate commerce. Abortion affects population, which affects interstate commerce.

dragonwriter 4y ago

> The Congress is already talking about passing nationwide legislation to protect the right to abortion. Such legislation would still be constitutional even after this decision. Please cite the Constitutional power authorizing this, restricting it to powers that will hold up under the present Court against a state asserting the absence of Constitutional federal authority and infringement of powers reserved under the 10th Amendment. It can't be the power to enforce the 14th Amendment, because abortion as a right within that has been ruled out. A hyperexpansive view of the Commerce Clause? No, codification is a fools errand.

rufus_foreman 4y ago
From Kavanaugh's concurrence: "On the question of abortion, the Constitution is therefore neither pro-life nor pro-choice. The Constitution is neutral and leaves the issue for the people and their elected representatives to resolve through the democratic process in the States or Congress — like the numerous other difficult questions of American social and economic policy that the Constitution does not address". ... "After today’s decision, the nine Members of this Court will no longer decide the basic legality of pre-viability abortion for all 330 million Americans. That issue will be resolved by the people and their representatives in the democratic process in the States or Congress."
- dragonwriter 4y ago
  Even if it was in the main decision and not a concurrence, and even if a statement about the effect rather than legal rationale of a decision wouldn't be dicta rather than ruling even there, that statement does not erect any new Constitutional basis for Congressional action. If you think there is a basis in the Constitution for Congressional authority to protect abortion against state prohibition that this Court would uphold against a State challenge, please present the specific Constitutional grant of authority.
  - thathndude 4y ago
    Interstate commerce clause. Our federal gov’t is no longer one of limited powers, in practice. Congress can justify damn near anything under that enumerated power. 80 years ago in Wickard the Court said Congress could regulate a Guy growing an acre of wheat for his family because, if everyone did it, it would affect interstate commerce. Abortion affects population, which affects interstate commerce.