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Title : "But the Graham bill — like Democratic proposals for federal laws protecting abortion against state restrictions — is a reminder that key elements of both parties' bases..."
link : "But the Graham bill — like Democratic proposals for federal laws protecting abortion against state restrictions — is a reminder that key elements of both parties' bases..."
"But the Graham bill — like Democratic proposals for federal laws protecting abortion against state restrictions — is a reminder that key elements of both parties' bases..."
"... would be happy to enact a federal takeover of abortion law, if given the chance. If either party manages to get strong majorities in both houses plus control of the presidency, it could potentially happen. At that point, the courts would have to consider whether the Constitution really gives Washington such sweeping authority. The reasoning needed to uphold a federal abortion law would also allow Congress to forbid virtually any other medical procedure, and a vast range of other activities, as well."Writes Ilya Somin in "Lindsey Graham's Proposed Federal Abortion Ban is an Unconstitutional Assault on Federalism - But it Might Fly Under Current Supreme Court Precedent/The problem is the Court's ultra-broad interpretation of Congress' power to regulate interstate commerce. But the justices might cut that back" (Volokh Conspiracy).
Click over there to see the discussion of the case law, which I think clearly establishes that the Commerce Clause supports legislation restricting abortion or creating a right of access to it. Graham's bill — if it advanced — would tempt liberals to argue for the conservative position on commerce power and conservatives to argue for the liberal position.
That's the advantage of the Graham bill: it smokes out hypocrisy. If a pro-choice bill moves forward, conservatives and liberals can't take their usual positions on federalism. And yet, if and when this reaches to the Supreme Court — whether it's a pro- or anti-abortion federal law — I would expect to see Commerce Clause cases overruled.
That is, conservatives have 2 ways to win with the Graham bill: Either an anti-abortion bill will survive or the Court rewrite federalism doctrine to favor the state. If the Democrats enact their bill, they could suffer the bigger loss of seeing their law stricken down and the rewriting of Commerce Clause doctrine that will make it harder to do many things they'd like to see done at the federal level.
"... would be happy to enact a federal takeover of abortion law, if given the chance. If either party manages to get strong majorities in both houses plus control of the presidency, it could potentially happen. At that point, the courts would have to consider whether the Constitution really gives Washington such sweeping authority. The reasoning needed to uphold a federal abortion law would also allow Congress to forbid virtually any other medical procedure, and a vast range of other activities, as well."
Writes Ilya Somin in "Lindsey Graham's Proposed Federal Abortion Ban is an Unconstitutional Assault on Federalism - But it Might Fly Under Current Supreme Court Precedent/The problem is the Court's ultra-broad interpretation of Congress' power to regulate interstate commerce. But the justices might cut that back" (Volokh Conspiracy).
Click over there to see the discussion of the case law,
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which I think clearly establishes that the Commerce Clause supports legislation restricting abortion or creating a right of access to it. Graham's bill — if it advanced — would tempt liberals to argue for the conservative position on commerce power and conservatives to argue for the liberal position.
That's the advantage of the Graham bill: it smokes out hypocrisy. If a pro-choice bill moves forward, conservatives and liberals can't take their usual positions on federalism. And yet, if and when this reaches to the Supreme Court — whether it's a pro- or anti-abortion federal law — I would expect to see Commerce Clause cases overruled.
That is, conservatives have 2 ways to win with the Graham bill: Either an anti-abortion bill will survive or the Court rewrite federalism doctrine to favor the state. If the Democrats enact their bill, they could suffer the bigger loss of seeing their law stricken down and the rewriting of Commerce Clause doctrine that will make it harder to do many things they'd like to see done at the federal level.
Thus articles "But the Graham bill — like Democratic proposals for federal laws protecting abortion against state restrictions — is a reminder that key elements of both parties' bases..."
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