[Mr. K]

I think it would be a huge step forward to send it back to the states as not being one of the ‘enumerated powers’

[gogeo]

I'm not a lawyer and I have no idea what the decision would say. I think Gorsuch's answer to Trump was perfect. It applies equally to Senators. Judges shouldn't share how they might rule on a hypothetical case.

I agree there's a political component we ignore at our peril. That's why nominees should talk about constitutional principles and refuse to discuss Roe. They talk about Roe, we talk about constitutional principles. Until one day Roe is overturned as a natural consequence of constitutional originalism.