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Given that the SCOTUS put abortion into the hands of the individual states, can Congress pass a bill making abortion legal in all states? It seems to me, because of the SCOTUS ruling, that any law passed by the Federal Government would now become a violation of our constitution. Thank you
The answer to your question is not 100 percent clear. Most constitutional lawyers believe that Congress has this power. Abortion provision is a business and a business that is interstate in nature. Congress may therefore regulate abortion under the interstate commerce clause. Abortion bans reflect discrimination against women, or so Congress might find. Congress may therefore regulate abortion under Section 5 of the Fourteenth Amendment. Requiring persons to give birth may be a form of enslavement. Thirteenth Amendment.
But some conservatives disagree with all of this and claim that the Supreme Court may not challenge the Court ruling that abortion is not a fundamental right.
