Posted on 06/19/2013 2:09:26 PM PDT by NYer
But even if Roe and its progeny could be limited or overturned in this way, that still wouldn't serve to provide Congress with the constitutional authority to enact a federal law that exercised basic police powers in this fashion. In simple terms, Roe didn't serve to "make abortion legal"; it operated to strike down (as ostensibly "unconstitutional") any state laws that made abortion "illegal." I don't recall off the top of my head whether, as of 1973, when Roe was handed down, any states permitted -- that is to say, didn't criminalize -- abortion, but if there were is, Roe wouldn't have had any effect on those state laws. In those states (if there were any at the time, abortion already was legal.
Thus, even if Congress could somehow cabin the reach of the constitutional "right of privacy," that wouldn't extend to Congress any authority to then prohibit or criminalize some particular abortion practice. That's a different constitutional issue altogether.
Both he and the Hildabeast are at least acolytes.
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