I dont consider Pauls arguments persuasive in the least. He ignores evidence that works against him, repeats defeated platitudes and is playing to a cult like fringe following. I posted links to 2 discussions and a web site regarding why congressional authorization is constitutionally consistent. I gave my own reasons, and noone has challenged them. I could go on and debate it in a rational way, but when someone simply shots that its illegal and demands to see where the constitution authorizes "congressional authorization" (as if the Constitution is that explicit and tedious), I dont have patience to walk through a reasoned debate with them.
But if you ignore all that, Row v. Wade and any repeated pattern of court decisions are analogous.