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Started By
Message
re: Can’t congress pass a law making abortion legal nationwide?
Posted on 6/25/22 at 9:46 am to Wednesday
Posted on 6/25/22 at 9:46 am to Wednesday
quote:
Why you so angry?
I'm literally not angry at all.
Don't try to conflate me deconstructing your bad legal argument into some sort of emotional response.
quote:
It found that the issue should be decided by the individual states.
No. It found that the issue should be decided by legislatures and not courts. Practically, today abortion will be decided by the states but that only exists because Congress hasn't enacted a law (yet). This thread presupposes Congress does so.
Quote me which part of the ruling specifically precludes Congress from enacting a law.
I can 100% show you where a concurrence specifically authorizes Congress to act.
quote:
I think abortion is an issue like Lopez and VAW Act in that these are all regulations regarding - public safety/welfare.
How is paying for a service not economic activity? Or the purchase of the equipment via interstate commerce? Or the salaries paid to staff?
None of those economic behaviors exist with Lopez or VAW.
quote:
I’m not precisely sure how they can pass abortion laws.
Abortion is clearly an economic act that affects interstate commerce, on various levels.
Congress regulates all sorts of services performed via ICC. Why would abortion be different?
You can even get into Dormant Commerce Clause interpretations that could attack states for various regulations on abortions.
Posted on 6/25/22 at 10:14 am to SlowFlowPro
quote:
How is paying for a service not economic activity? Or the purchase of the equipment via interstate commerce? Or the salaries paid to staff?
I can buy marijuana for recreational use in Colorado. I cannot in Louisiana.
The commerce clause doesn’t permit congress to regulate all economic activity, only interstate economic activity.
The state can prohibit economic activity within its borders - especially when that economic activity relates to the health and welfare of the citizens of the individual states.
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