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Re:Supreme Court overturns Roe v. Wade by pmdulaney on Friday June 24, 2022 @12:28PM (#31865010)
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.

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