Abortion and Enumerated Powers
Reynolds at LIBRA.LAW.UTK.EDU
Mon Jan 22 13:11:22 PST 2001
Having been drawn out of lurker status, I'd like to ask if others on
the list agree with me that Congressional legislation regulating
abortion probably falls outside Congress' enumerated powers?
I think that in light of Lopez and Morrison, it is difficult to see
regulation of abortion as a legitimate exercise of the commerce
power. I also rather doubt that, these days, it can be seen as a
legitimate exercise of Congress' Fourteenth Amendment Section 5
I said this in a letter to the Times a couple of years ago, and got a
call from Rep. Canady's legislative assistant, who informed me that
the then-proposed Partial Birth Abortion bill met the Lopez test
because it only regulated abortions "in interstate commerce."
When I suggested that there were no such abortions, she said that
they hadn't really looked into that.
Am I crazy here?
Prof. Glenn Harlan Reynolds
College of Law, University of Tennessee
1505 W. Cumberland Ave., Knoxville, TN 37996-1810
"It is a chief characteristic of the religion
of science, that it works." -- Isaac Asimov
More information about the Conlawprof