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Congress can ban or legalize abortion federally now. Or they can leave it up to the states -- which is the current default without Roe. In fact, congress coul

Congress can ban or legalize abortion federally now. Or they can leave it up to the states -- which is the current default without Roe. In fact, congress could have codified access to abortion at anytime in the past 40-odd years.

cryptonector 4y ago
From page 8 of the decision: > The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Seems pretty clear: it's for the states to legislate, not Congress, notwithstanding this: > The Court overrules those decisions and returns that authority to the people and their elected representatives. which clearly does not refer to Congress given the preceding. That said, state laws regarding abortion almost certainly don't reach a) federal land within those states, b) interstate travel. Congress can easily fund abortion clinics on federal lands, and it can fund travel by pregnant women seeking abortions. So in a way, you're not wrong.
- knubie 4y ago
  > This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Article VI, Clause 2, also known as the Supremacy Clause[0]. [0] https://en.wikipedia.org/wiki/Supremacy_Clause https://en.wikipedia.org/wiki/Supremacy_Clause
- nostromo 4y ago
  You’re simply wrong about this friend. Congress could make the Roe standard the law of the entire US tomorrow. This is why you see Biden and others asking them to do just that.
  - cryptonector 4y ago
    I'm dead certain Congress couldn't before Roe, between Roe and Dobbs, or after Dobbs, not w/o a Constitutional amendment. That much is quite clear. I quoted from Dobbs, and as to Roe, Roe declared a constitutional right, which means Congress couldn't do anything about it w/o a constitutional amendment. If federal statute could compete, then Congress would have made Roe law long ago in any one of the many sessions in which there were vast majorities for it in both houses and in the White House. But no, it requires an amendment, which is why it's never happened -- it's hard to get 2/3rds majorities for anything, let alone controversial things.
    - rory 4y ago
      > I'm dead certain Congress couldn't before Roe, between Roe and Dobbs, or after Dobbs, not w/o a Constitutional amendment. Well, they certainly thought they could: https://en.wikipedia.org/wiki/Freedom_of_Choice_Act https://en.wikipedia.org/wiki/Freedom_of_Choice_Act
      - cryptonector 4y ago
        Of course they can think that they can act.
        rory 4y ago
        So you're saying you're "dead certain" that Barbara Boxer, Hillary Clinton, Dianne Feinstein, etc. misunderstand what kinds of laws are and are not constitutional? Where does such a high degree of confidence come from?

cryptonector 4y ago

From page 8 of the decision: > The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Seems pretty clear: it's for the states to legislate, not Congress, notwithstanding this: > The Court overrules those decisions and returns that authority to the people and their elected representatives. which clearly does not refer to Congress given the preceding. That said, state laws regarding abortion almost certainly don't reach a) federal land within those states, b) interstate travel. Congress can easily fund abortion clinics on federal lands, and it can fund travel by pregnant women seeking abortions. So in a way, you're not wrong.

knubie 4y ago
> This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Article VI, Clause 2, also known as the Supremacy Clause[0]. [0] https://en.wikipedia.org/wiki/Supremacy_Clause https://en.wikipedia.org/wiki/Supremacy_Clause
nostromo 4y ago
You’re simply wrong about this friend. Congress could make the Roe standard the law of the entire US tomorrow. This is why you see Biden and others asking them to do just that.
- cryptonector 4y ago
  I'm dead certain Congress couldn't before Roe, between Roe and Dobbs, or after Dobbs, not w/o a Constitutional amendment. That much is quite clear. I quoted from Dobbs, and as to Roe, Roe declared a constitutional right, which means Congress couldn't do anything about it w/o a constitutional amendment. If federal statute could compete, then Congress would have made Roe law long ago in any one of the many sessions in which there were vast majorities for it in both houses and in the White House. But no, it requires an amendment, which is why it's never happened -- it's hard to get 2/3rds majorities for anything, let alone controversial things.
  - rory 4y ago
    > I'm dead certain Congress couldn't before Roe, between Roe and Dobbs, or after Dobbs, not w/o a Constitutional amendment. Well, they certainly thought they could: https://en.wikipedia.org/wiki/Freedom_of_Choice_Act https://en.wikipedia.org/wiki/Freedom_of_Choice_Act
    - cryptonector 4y ago
      Of course they can think that they can act.
      - rory 4y ago
        So you're saying you're "dead certain" that Barbara Boxer, Hillary Clinton, Dianne Feinstein, etc. misunderstand what kinds of laws are and are not constitutional? Where does such a high degree of confidence come from?