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> Additionally, regarding left or right federal legislation: this would very likely be struck down by the same court under the reasoning that the constitution d
by 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.