How can the Congress codify a “right” that has been ruled unconstitional. I don’t think Congress can codify unconstitutional “rights” without amending the Constitution or having the Supreme Court reverse their decsion.
What am I missing?
What legal meaning is there to “codify”?
A modification of what I just wrote.
The so-called “right” is not subject to Federal law under the U.S. Constitution, which is why the States (based on their individual Constitutions may or may not have authority to codify aspects of it.
All the Supreme Court said was, the constitution does not guarantee the right to abortion.
But congress can make a law that is enforceable in all states.
The proposed legislation will insure access to “pre-viability“ abortions and states can decide on post-viability access.
Congress can pass an unconstitutional bill and this Supreme Court will knock it down as soon as it comes to them.