Re:Supreme Court Overturns Roe vs. Wade
by skissane on Friday July 01, 2022 @10:49PM
(#31955666)
> Additionally, regarding left or right federal legislation: this would very likely be struck down by the same court under the reasoning that the constitution does not grant the federal government the power to regulate abortion.
I think, if Congress enacted a narrow federal right to an abortion – such as the right to an abortion to save the life of the mother – the current SCOTUS majority would be likely to uphold it - the right to life (including that of the mother) is arguably "deeply rooted in the nation's history" – and "life" is even explicitly mentioned in the text – and so such Congressional legislation would arguably be a legitimate exercise of the Section 5 power to enforce Section 1. Plausibly, they might even uphold a statutory federal right to an abortion to save the mother's health, since the right to health has an obvious connection to the right to life.
I think, if Congress enacted a narrow federal right to an abortion – such as the right to an abortion to save the life of the mother – the current SCOTUS majority would be likely to uphold it - the right to life (including that of the mother) is arguably "deeply rooted in the nation's history" – and "life" is even explicitly mentioned in the text – and so such Congressional legislation would arguably be a legitimate exercise of the Section 5 power to enforce Section 1. Plausibly, they might even uphold a statutory federal right to an abortion to save the mother's health, since the right to health has an obvious connection to the right to life.