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re: Can’t congress pass a law making abortion legal nationwide?

Posted on 6/25/22 at 10:55 am to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424260 posts
Posted on 6/25/22 at 10:55 am to
quote:

Effectively dead with Sebelius (necessary and proper/IC not constitutional basis for compelling a private contract) as well as Lopez and Morrison.

a. I was responding to Wed's attempt to make an "intrastate commerce" argument that hasn't been the law since Wickard (reinforced by Heart of Atlanta)

b. Sebelius has nothing to do with this. Sebelius's ruling on IC would only apply if the hypothetical federal law compelled doctors to perform abortions. Clearly that would be illegal, but the problem is that's not what's being discussed in this thread.

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