Yes. The federal government prohibits the sale in interstate commerce, so it’s illegal federally in all states when sold in interstate commerce.

It is illegal under Louisiana Law for me to buy it from my next door neighbor for recreational use.

It is also illegal under federal law for me to buy it from a Vendor in Denver over the internet and the have it shipped to my house in Baton Rouge, Louisiana.

The reason the federal “ban” isn’t enforceable in Colorado, is that federal law can’t ban legal economic activity In Colorado. Much like Federal Law Can’t ban abortions in Colorado. Or legalize them in Louisiana.

We agree. We both think that the way that the commerce clause is interpreted is wrong. I’m not doubting that Congress has used it as a means for federal overreach, and that certain laws congress passed under this court sanctioned abuse of authority remain on the books. Whatever the decision may be on various applications of the commerce clause - doesn’t mean the interpretation is the right one.

The Lopez and Violence against women act cases, noted a jurisprudential trend towards narrowing the interpretation of the freaking commerce clause. The court has become MORE conservative since those cases were decided.

If Congress tried to use its commerce clause power to regulate abortion as an economic activity within the states that banned it; there is no doubt in my mind that the US Gvt will find itself sued by the state of Louisiana or Mississippi or Texas or Missouri or Utah or Alabama or probably all of them.

As I read Dobbs - the current majority of the Court does not interpret abortion as economic activity that is subject to regulation by congress. I
could be wrong. But it did not address its application.

However, there is no indication whatever in the opinion that EITHER Federal Ban on abortion or a Federal Legalization of abortion would work. The only laws discussed in the decision were laws passed by state legislatures, indicating to me that if pressed the Court would find that the activity is health and welfare issue traditionally reserved to state governments.

And while we’re at it . . . Unless there’s a state law prohibiting it, abort away even after your kid pops out and call it abortion, and you’re good; let God deal with you. Congress doesn’t have the power to create rights. In the absence of a constitutional pronouncement of illegality by a state or Federal Gvt, you can do whatever TF you want.

And PS I’ll re-read the Mart case.

This post was edited on 6/25/22 at 2:48 pm