The Dobbs decision ruled that the states were free to control abortion. How could Congress overturn that? They lacked authority to overturn Roe v. Wade (1973). Remember: the progressives believe that the only majority vote that decides anything is a majority of nine people in black robes.
Dobbs just held that there is no Constitutional right to an abortion. It did not say that it was not subject to regulation or legislation.
ReplyDeleteThe Dobbs decision simply said that since the Constitution did not *protect* abortion rights then the states could regulate it.
ReplyDeleteIt did not answer the question as to whether the federal government *could*.
This reminds of the dispute about whether Congress could impose reciprocity on the states.
DeleteCongress has more freedom in what it can tell states they can't do than it what it can tell states they must.
DeleteI am still looking for a provision by which Congress could do so. Interstate commerce clause? That would be admitting that this is a business, "not a woman's right to choose."
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