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Agreed. Substantive due process was left intact. Additionally, regarding left or right federal legislation: this would very likely be struck down by the same c
by hellojesus 4y ago
Agreed. Substantive due process was left intact.
Additionally, regarding left or right federal legislation: this would very likely be struck down by the same court under the reasoning that the constitution does not grant the federal government the power to regulate abortion.
Any federal legislation would have to come in the form of an ammendment.
- skissane 4y ago> Additionally, regarding left or right federal legislation: this would very likely be struck down by the same court under the reasoning that the constitution does not grant the federal government the power to regulate abortion. I think, if Congress enacted a narrow federal right to an abortion – such as the right to an abortion to save the life of the mother – the current SCOTUS majority would be likely to uphold it - the right to life (including that of the mother) is arguably "deeply rooted in the nation's history" – and "life" is even explicitly mentioned in the text – and so such Congressional legislation would arguably be a legitimate exercise of the Section 5 power to enforce Section 1. Plausibly, they might even uphold a statutory federal right to an abortion to save the mother's health, since the right to health has an obvious connection to the right to life.