Let's Count How Many Lies Nancy Pelosi Told Just During Her Acceptance Speech, Shall We!

[sealybobo]

The USSC just ruled that the issue of authority to decide the legality of abortion shall be left to the states to decide since the right to the an abortion is not granted in the Constitution.

As such, this hypothetical ban your are speaking of would be unconstitutional.

That would be cool if the Supreme Court ruled after Trump and the Republicans passed a federal law making abortion illegal and equal to murder, that they could not do that. That it was a states rights issue. I hope you are right.

 

[sealybobo]

The USSC just ruled that the issue of authority to decide the legality of abortion shall be left to the states to decide since the right to the an abortion is not granted in the Constitution.

As such, this hypothetical ban your are speaking of would be unconstitutional.

Don't be so sure. They can interpret the constitution a million different ways.

There are at least two bases on which Congress might enact a federal abortion ban. One would be under its power to regulate interstate commerce. Some of the conservative Justices have adopted a pretty limited reading of Congress’s powers to regulate interstate commerce, but there could be some ways for a Republican legislature to write a statute that makes it more likely to be upheld on Commerce Clause grounds. Say [Congress] writes a statute that says, “No abortion can be performed if it uses any device that has travelled in interstate commerce or any medication that contains a component that has travelled in interstate commerce.”

The second basis is that Congress might say, “We are enacting this legislation under our power to enforce Section 5 of the Fourteenth Amendment. We believe that fetuses are people. Therefore, we are enforcing and protecting fetal personhood and rights to life.” Would the six conservatives conclude that Congress lacks the authority to enact either version of the statute, or reject both of those theories? I don’t think we know. Chief Justice Roberts has taken more expansive views of Congress’s power.

So the Chief Justice, despite having more qualms about this decision than the other five conservatives, actually has a more expansive view of congressional power, and so he may be more likely to uphold a congressional ban?


Yes, exactly.

How the Supreme Court Could Approach Federal Laws Upholdingâor BanningâAbortion

Without Roe, abortion is now a state-by-state issue. Is nationwide action by Congress the next frontier?

www.newyorker.com

So I don't believe you. You say that now but when one of those justices comes up with a slick argument for why he's cool with a federal ban on abortion, it'll be too late. So I'm sorry but this is on the ballot this midterm and in 2024

 

[Jim H - VA USA]

Don't be so sure. They can interpret the constitution a million different ways.

There are at least two bases on which Congress might enact a federal abortion ban. One would be under its power to regulate interstate commerce. Some of the conservative Justices have adopted a pretty limited reading of Congress’s powers to regulate interstate commerce, but there could be some ways for a Republican legislature to write a statute that makes it more likely to be upheld on Commerce Clause grounds. Say [Congress] writes a statute that says, “No abortion can be performed if it uses any device that has travelled in interstate commerce or any medication that contains a component that has travelled in interstate commerce.”

The second basis is that Congress might say, “We are enacting this legislation under our power to enforce Section 5 of the Fourteenth Amendment. We believe that fetuses are people. Therefore, we are enforcing and protecting fetal personhood and rights to life.” Would the six conservatives conclude that Congress lacks the authority to enact either version of the statute, or reject both of those theories? I don’t think we know. Chief Justice Roberts has taken more expansive views of Congress’s power.

So the Chief Justice, despite having more qualms about this decision than the other five conservatives, actually has a more expansive view of congressional power, and so he may be more likely to uphold a congressional ban?


Yes, exactly.

How the Supreme Court Could Approach Federal Laws Upholdingâor BanningâAbortion

Without Roe, abortion is now a state-by-state issue. Is nationwide action by Congress the next frontier?

www.newyorker.com

So I don't believe you. You say that now but when one of those justices comes up with a slick argument for why he's cool with a federal ban on abortion, it'll be too late. So I'm sorry but this is on the ballot this midterm and in 2024

You needn't believe me, read the ruling.

I think it is pretty clear, although I am not a Constitutional scholar.

The ruling states:
"We therefore hold that the Constitution does not confer a
right to abortion. Roe and Casey must be overruled, and the
authority to regulate abortion must be returned to the peo-ple and their elected representatives."

https://s3.documentcloud.org/documents/22067246/dobbs-decision.pdf

 

[mudwhistle]

What a childish OP. You sound so very Trumplike.

Not childish. Prophetic.

 

[BULLDOG]

Not childish. Prophetic.

Kinda hard to call it prophetic with such a tiny percent of prophesies actually coming true, isn't it?