[Lonesome in Massachussets]

[Congress] can't regulate abortions because

Prior to R. v. W., the several states through their sovereign power expressed by their legislatures regulated abortion. It was legal in California and New York, banned in Texas and Massachusetts. That's how the constitution works, how it worked for almost 200 years. The New Deal greatly eroded the Constitution, the assault started with Lincoln and the Civil War.

Frankly, I think the 14th amendment comes closer to banning abortion than any penumbra comes to legalizing it. Conservatives never pressed for the Court to ban abortion in states allowing it, although they had (have) a better case.

[Haru Hara Haruko]

You seem to be arguing both sides of this issue: Either stare decis shields the New Deal anti-Constitutional abominations from being overturned, or it does not.

If you want a federal Drug War and you want it to be constitutional, pass and ratify an amendment. Same thing if you want to force all states to legalize abortion.