Congress Has No Right to Regulate Abortion
Law Professor Glenn Harlan Reynolds today makes the case that Congress has no power to regulate abortion. The Constitution gives Congress certain enumerated rights--Reynolds goes through them all-- and abortion regulation is not on the list. The only thing that is arguably in the ballpark is the Commerce power, and Reynolds explains why that is too much of a stretch, given Supreme Court opinions limiting the application of that power in recent years.
For more on this view, you can read a law review article the Professor wrote with Dave Koppel here.
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