That is an interesting question, though you are probably right. The Court has not asserted that abortions per se are a violation of the Constitution, but that Roe incorrectly affirmed that there was a right to abortion. Presumably there are laws that could be passed (e.g., red-haired persons may be shot on sight) that would certainly be found to be unconstitutional. In the case of abortion, the Court could find a right to life for the unborn and invalidate any law Congress might pass that guaranteed the right to an abortion.
Bottom line, I don't think one can assert without fear of being proven wrong either that Congress can confer a right to abortion or that it can't.
Re:Supreme Court overturns Roe v. Wade
by notacoward on Friday June 24, 2022 @10:53AM
(#31863026)
Congress-in-theory can. Congress-in-reality? No chance.
But Congress can.