quote:
the determinative test of the exercise of power by the Congress under the Commerce Clause is simply whether the activity sought to be regulated is "commerce which concerns more States than one" and has a real and substantial relation to the national interest. (At 256)

(Court construed hotels as a channel of interstate commerce, which Congress has pwr to regulate. States can’t burden the channels even if they only serve local ppl.)

By contrast -Lopez and Violence Against women case held that congress cannot govern private conduct unless the conduct is economic activity btwn citizens of different states. Court found that Heart of ATL didn’t apply bc the regulation involved in Heart of ATL involved a channel of commerce (hotels).

All 3 cases involved an exercise of federal regulatory power, not state. Federal power under commerce clause does NOT extend to regulation of local conduct. VAW case and Lopez

Violence against women case:

quote:
We accordingly reject the argument that Congress may regulate noneconomic, violent criminal conduct based solely on that conduct’s aggregate effect on interstate commerce. The Constitution requires a distinction between what is truly national and what is truly local. Lopez,514 U. S.,at 568 (citing Jones & Laughlin Steel, 301 U. S., at 30). In recognizing this fact we preserve one of the few principles that has been consistent since the Clause was adopted. The regulation and punishment of intrastate violence that is not directed at the instrumentalities, channels, or goods involved in interstate commerce has always been the province of the States.

Conclusion-
Congress cannot regulate private conduct under the commerce clause that is not economic activity affecting interstate commerce. Ergo, congress cannot regulate abortions under the commerce clause. While transactions and employees may be involved, the conduct involved is local. Congress cannot use the commerce clause to order States to provide abortions.

If Congress wants to regulate abortions, they will have to find another way than the commerce clause.

Plus, the 14th A only permits legislation from congress relating to state legislatures. See: Civil Rights Cases in 1800s. So if abortions were a right under 14a (which they are not per Dobbs) congress could order states to make them legal. Abortions are not a 14A right under Dobbs, so congress is SOL there too. The question is left to the states.