Posted on 06/26/2022 1:39:13 PM PDT by MinorityRepublican
Roe v Wade was based on "due process" clauses of the 5th and 14th Amendment. SCOTUS just ruled in Dodds that there is no right to an abortion based on the due process clauses of the 5th and 14th Amendment.
So, if there is no due process basis for the feds to regulate abortion, then the feds would have to base any broad nation-wide law on one of the enumerated powers. I don't see what that could be.
The usual go-to enumerated power is the Commerce Clause, but seriously? Maybe Congress could regulate interstate travel to procure an abortion or maybe prevent the interstate trade in abortofacients, but I see no way for Congress to broadly codify a right to an abortion on the federal level as San Fran Nan and others seem to want.
Worked out so well for them on judges.
They have no support for killing children after heartbeat or when the child can feel pain. Their agenda became so extreme, they overreached. Just like AOC wanting to talk about rape exceptions. They play all kinds of hopscotch on the issue.
And young people are so conditioned to birth control and less frequent deliveries they don’t like abortion the way the boomer women did.
And California and pre last election Virginia were hinting at post-birth abortion in the “perinatal” period up to three weeks after birth and hinting at one year after.
Tenth Amendment.
The political Dem problem with Federally legislating unlimited abortion up to the 9th month is as strong a national majority is against late term abortions as the national majority that is against zero abortion. The hispanic vote they thought they would be controlling for eternity and are now watching slip away is very much opposed to the late term extremes. It is the white progressive elites and some Blacks, whose votes the Dems already own, that are driving this effort. Why jeopardize their standing with Hispanics to pander to a vote they already own?
What idiot thinks federal legislation could affect the abortion judgment even to the nth degree?
OK, never mind.
Are there any other Dem Senators other than Manchin that are pro-life? I would think there were a few out there.
They would likely fall back on the commerce clause. Working women having or not having children impact the workforce and therefore interstate commerce. There is other legislation that has been passed on flimsier connections to that clause that so far are still law.
What's the next move for the Rats? A topic worthy of discussion. Still relevant even though the article is two months old. The leak was two months old. Everyone knew that Roe vs Wade is history.
The Tenth Amendment — The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.If it is not mentioned in the Constitution it belongs to the States or we the people.
Excellent points.
You mean how Republicans stopped the latest gun control bill?
Are you unaware of “partial-birth abortion”
A federal law prohibiting the States to prohibit baby-killing would seem to violate the 10th Amendment,
Manchin, who has been wailing and gnashing his teeth over Dobbs, is NOT “pro-life”.
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