The constitution says that.....
And....
The issue with Roe was the SC made law nationally, by their decision....and the SC can't make laws for the Nation, only Congress can, so Dobbs sent Roe....back to the states.
Dobbs decision did NOT end Roe v Wade, did not say terminating a pregnancy is killing.
...they are letting the States make legislation because the supreme court, constitutionally can not....which the Supreme court wrongly did, with their roe v wade decision decades back, allegedly.
Roe v wade was a bad decision, only because the SC decision overstepped their bounds and made a national LAW without Congress making it law..
Congress can pass an abortion ban....or the congress can pass a law that abortion is legal up to a certain date of pregnancy.....
Good read:
Judicial Branch's Checks on the Legislative Branch:
- Judicial review: Federal courts, including the Supreme Court, have the power to declare laws passed by Congress unconstitutional, thereby invalidating them.
- Interpretation of laws: The judiciary interprets the laws passed by Congress, determining their application and scope.
Why Congress Can’t Overturn a Federal Court Decision
Congress cannot directly overturn a federal court decision because of the separation of powers and the system of checks and balances established by the Constitution. Federal courts, including the Supreme Court, have the authority to interpret the law and the Constitution. Once a court has made a ruling, Congress cannot simply reverse that decision.
Congress can respond to court decisions by passing new legislation or amending existing laws. Provided, of course, that these changes are constitutional.