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To: Bruce Campbells Chin

She is just wrong. If the draft opinion is what the final opinion is going to be then the opinion will state that the 10th amendment requires abortion is an issue reserved for the states.

Congress can not pass a law that infringes on state rights. Since the opinion would state that abortion is a state rights issue, any law passed by congress that attempted to infringe on states rights would be immediately thrown out at the circuit court level.

If congress tried to tie any funding from the fed with a requirement that the state pass laws making abortion legal in that state it would be shot down for commandeering.


116 posted on 05/04/2022 6:07:45 AM PDT by usnavy_cop_retired (Retiree in the P.I. living as a legal immigrant)
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To: usnavy_cop_retired
She is just wrong. If the draft opinion is what the final opinion is going to be then the opinion will state that the 10th amendment requires abortion is an issue reserved for the states.

No, it won't.

The Supreme Court only adjudicates the case before it, which in this case is whether or not there is a Constitutional right to an abortion. The issue of whether Congress can regulate abortions is not before the Court in any form, and hasn't even been briefed by either side. SCOTUS won't touch that issue because it isn't part of this case.

So what's going to happen is that Roe will get tossed, and then if Congress codifies Roe by passing legislation, there will be cases challenging whether or not Congress can do that. But this particular case will not resolve that question.

117 posted on 05/04/2022 6:18:13 AM PDT by Bruce Campbells Chin (Sounds like a lot of malarkey to be)
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