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That statement ("abortion is not a federal concern. It just isn't something the Constitution gives power over") was factually incorrect last year and is still f
by skissane 3y ago
That statement ("abortion is not a federal concern. It just isn't something the Constitution gives power over") was factually incorrect last year and is still factually incorrect this year – insofar as one accepts SCOTUS as the ultimate authority on what the US Constitution says.
The Partial-Birth Abortion Ban Act of 2003 [0] is a federal law prohibiting certain abortion procedures. SCOTUS upheld its constitutionality in the 2007 case of Gonzales v. Carhart, holding that the Commerce Clause gives Congress the power to regulate abortion, and that the regulation in question was not contrary to Roe or Casey. Dobbs did nothing to overturn either the 2003 Act nor that 2007 decision, so abortion remains a federal concern, within Congress' power to regulate. (Thomas wrote a concurrence, joined by Scalia, casting doubt on whether such an expansive reading of the Commerce Clause is correct, but saying that this particular case was not the right vehicle for examining that issue.)
[0] https://en.wikipedia.org/wiki/Partial-Birth_Abortion_Ban_Act https://en.wikipedia.org/wiki/Partial-Birth_Abortion_Ban_Act
[1] https://en.wikipedia.org/wiki/Gonzales_v._Carhart https://en.wikipedia.org/wiki/Gonzales_v._Carhart