Comments on: Could One State Outlaw Abortions in Another State?

By: Allan Beatty

Allan Beatty — Sat, 28 Jan 2006 17:12:11 +0000

Doesn't Ireland already have such a law, criminalizing anyone who leaves the country to obtain an abortion? Or maybe it only applies to taking a minor out of the country, I forget.

By: Matt

Matt — Tue, 24 Jan 2006 10:15:27 +0000

At least if Congress tried to pass a federal anti-abortion statute, the forum of the fighting would be the correct one (political arguments over the virtues and failings of elected officials) instead of the current mess where everyone who actually gets a vote, on either side of the aisle, seems convinced that abortion is the only issue on which a Supreme Court justice need have an opinion.

At least in theory, we get to throw out Congress every couple of years. I doubt many members of Congress really want to stake their own personal necks on this issue…posturing about a subject on which they're forbidden from legislating is just so much easier.

By: Tony

Tony — Mon, 23 Jan 2006 19:34:31 +0000

This clarifies a lot for me. I wondered along the same Federalist lines Mr. Balko wrote about. You commented on my entry at the time, and it made sense to an extent, but this makes me understand your viewpoint.

Basically, you're saying that because the Fourteenth Amendment recognizes life at birth, not conception, abortion is protected by the Constitution. Thus, a Federalist response is unacceptable because it allows a State to trump the U.S. Constitution, banning locally what is constitutionally legal at the national level. So the only acceptable way federalize abortion is to alter the Fourteenth Amendment with a new amendment. Is that correct?

If so, it makes sense now. If not, I'm off somewhere in the wilderness of logic.

By: Karol at alarmingnews.com

Karol at alarmingnews.com — Mon, 23 Jan 2006 07:45:42 +0000

Whew, for a second there I thought my bi-weekly AC trips were going to get me into trouble.

By: Dave

Dave — Mon, 23 Jan 2006 01:29:47 +0000

OK...I give up. Why is Baude a "supposed law school prodigy"?

What does that mean?

By: dolphin

dolphin — Mon, 23 Jan 2006 01:13:23 +0000

"All state police power is local."

I agree but it doesn't stop them from trying.

[Kip replies: The abortion law Dolphin refers to regards civil liability, not criminal.]

By: Chris

Chris — Sun, 22 Jan 2006 23:01:30 +0000

If you roll Commerce Clause power back to something approaching normality would Congress have the power to ban abortion in a post-Roe world?

[Kip replies: Dunno. Which enumerated power would it supposedly fall under?]