I’m sure it is tucked somewhere underneath the Commerce Clause legislation. The Congress critters love that area to pass their laws over us. If this was the clause though, it’s the first time I can remember in decades where it came in handy for a good cause.
The Commerce Clause has been abused by the Congress to federalize way too many things, nationalized speed limits in the '70s, the 21 year old drinking age, etc. You name it and the Congress has used it to expand their powers at the expense of states rights. It's unfortunate.
I hear you on that one. Of course, while I'm a little squemish about the federalism issues surrounding this, I have to say to the libs: live by the commerce clause, die by the commerce clause. (No pun intended)
If congress can use the commerce clause to ban a particular abortion procedure ( a ban which I presume overrides any state law ) then by this SCOTUS ruling, congress could ban ( or allow ) any procedure. This ruling seems to take at least some power out of the hands of the states.
Nope. See the 14th Amendment.