None of this means that abortion will soon be illegal in every state. Even the leaked draft opinion does not come close. WASHINGTON â In the past week, at least 9 states have effectively banned abortion since the Landmark Supreme Court decision. Others should follow as soon as legal challenges make their way to court. Nationalizing abortion laws on the theory that uniformity removes an obstacle (or incentive) to interstate migration would also open the door to state-imposed uniformity in these other areas. The Supreme Court may conclude that the basic principles of federalism require keeping this door closed. “That`s the biggest fear,” she says, referring to the right to abortion. “Then the only way around the Supreme Court is to have a new Supreme Court, or to make a new constitutional amendment, but obviously it`s a very arduous process, and we can`t even get the legislation through this Congress.” “Opponents of abortion rights now have a relatively friendly justice,” says Wendy Parmet, a professor at Northeastern University School of Law and a leading expert in health, disability and health law who heads the Center for Health Policy and Law at the faculty of law. “Opponents would likely find ways to challenge a law legalizing abortion, likely on grounds of federalism or equal protection. Biden is considering executive orders, new means for abortion (Reuters) Even if Congress passes a law codifying abortion rights, he cannot pass a legal challenge that claims the Constitution does not give him the power to enact such a law, writes William H. Hurd, former Attorney General of Virginia and now a member of Eckert Seamans. He also argues that Congress can discourage states from preventing women from traveling for abortions. There are at least two bases on which Congress could enact a nationwide ban on abortion.
One of them would be under his power to regulate interstate trade. Some conservative justices have passed a fairly limited reading of Congressional powers to regulate interstate commerce, but there might be options for a Republican legislature to write a bill that makes it more likely to be upheld for trade clause reasons. Let`s say [Congress] writes a law that says, “No abortion can be performed if a device is used that has traveled in interstate commerce, or a drug that contains a component that has traveled in interstate commerce.” If Republicans take power in Congress and the White House, perhaps in 2024, they could try to pass a federal law banning abortion. How would the Supreme Court view such a ban? Is there any indication in last week`s decision? Sen. Tim Kaine (D-Va.) told ABC News on Tuesday that he negotiated with Collins to update the Reproductive Choice Act to make it more bipartisan, which could have a better chance of getting a vote and getting more support than whPA — although it`s still a long way off, he would get all 60 Senate votes. which must be adopted. Politicians across the country have called for a federal law, roe v. Wade, after a draft Supreme Court opinion that would overturn the landmark 1973 case that made abortion a fundamental nationwide right was leaked to the press. However, one obstacle congress could face if it tried to justify a law that codifies Roe on the basis of the trade clause would be the argument that while people pay for abortions, it`s not in itself an economic act — which could make it uncontrollable, according to constitution professor Martha Davis. the Faculty Director of the Faculty of Law`s Programme for Human Rights and the World Economy.
Restrict insurance coverage for abortion – and thus eliminate the comprehensive insurance coverage that most people currently have Some legal experts have proposed other authorized federal measures – such as invalidating onerous licensing rules for abortion providers; Lease federal assets to suppliers; and repeal the Hyde Amendment to allow funding for less affluent people seeking abortions between states. These are much more difficult cases. I am extremely skeptical that they would allow Congress to codify a federal right to abortion. They are much more likely to conclude that such a law exceeds the powers of Congress because they do not believe there is a fourteenth Amendment-protected right that Congress could protect if it passed federal abortion protections.