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

They’ve had the option to amend the Constitution and make abortion an actual Constitutional right, instead of a made up right that they can use in front of TV cameras.

Sure, If they get rid of the filibuster.

And then when the Republicans take over they can pass a law banning abortions nationwide.

At least now for Democrats, the way it stands, abortion will be legal in about half the states.

I don’t think anyone wants to see the right to an abortion keep going back-and-forth for the next couple hundred years depending on who is in charge of Congress and the presidency.

What part of the Constitution grants them the ability to do that? I'd be the USSC would strike it down because of the 10th Amendment and probably gut some of the commerce clause overreach too.

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The problem is that abortion isn't really as popular as they want you to believe, that's why it hasn't been passed in 50 years - even when Dems had the House and 60+ in the Senate.

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Wouldn’t the only way to guarantee it would hold up would be to make it a constitutional embedment? Would never get through constitutional convention and get 3/5 of states.

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What part of the Constitution grants them the ability to do that?

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The current ICC interpretation is very broad, and abortions rely on all sorts of instruments of "interstate commerce".

If not a direct law, they can tie federal funding of health-related spending (like Medicaid) to abortion laws. That would almost assuredly pass constitutional muster.

Yep.

They can pass a law but as soon as the other side gets power they can reverse it. The only way for it to be a constitutional right to put it in the constitution. But they need 36 state legislatures to ratify it. Not happening.

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I think the Dems first thought when the heard the leak about this was “The Supreme Court just bailed our arse out this fall.”

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How? They won’t do anything to protect “women’s’ rights” and they have all the power they currently need to do so. How will electing more democrats change the decision?

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Couldn’t they try to use commerce clause to do this?

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Dems have had Congressional SUPERMAJORITIES on 3 occasions since Roe. They could have passed anything they wanted .... they did not care about "dreamers" rights .... they did not care about abortion "rights". Yet their used pawns keep voting for more of the same.

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There is no federal power to regulate abortion.

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If there is a federal power to regulate racism via ICC, then I can see that there is a federal power to regulate an act that involves many more steps in the ICC chain.

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See: Dobbs.

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Where in the case did the court state that there is no federal power to regulate abortion?

Also, this is ignoring Congress's ability to withhold medically-related federal funding from states who enact certain abortion restrictions. What would prevent Congress from doing that?

Would they have the balls to do it? Half the country would see that as end a rounding the highest court in the land.