Dem Plan 2 Codify Roe Aborted By Hubris?

GW Prof Turley warns frantic Dems’ proposal to federally codify Roe faces big legal hurdles, especially, da, if Justices overturn the Dredful-like abortion precedent on CONSTITUTIONAL grounds …

Fox News contributor Turley explained, such an effort could “end right back at the Supreme Court” and nixed, “depending on how Democrats attempt to craft the legislation.” For instance, there are many cases in which the Supreme Court has already ruled that “the federal government cannot compel states to enforce federal mandates, including instances in which the federal government threatened to withhold funds from states.” For example, “In Independent Business v Sebelius (2012), the court held that the federal government could not compel states to expand Medicaid by threatening to withhold funding ...” Some Dems & MSM allies have already hinted they’d base a federal nation-wide abortion rights bill on the “Commerce Clause” which has given wide berth to other federal mandates. Turley, however, also warned the “Framers [of the Constitution] were deeply concerned about precisely this type of federal encroachment on state authority.”

On the other hand, the Dems’ hubris may prove to be their biggest enemy by OVERREACHING, i.e., proposing a bill that EXPANDS, not just codifies Roe. Already, their most recent bill failed exactly for that reason, as even Dem Sen Joe Manchin voted against it. Moreover, if the GOP retakes control of Congress in November, any such bill that got enacted could just as easily be aborted.

Davd Soul