"inJohn Roberts' America....."
Alexander R. Cohen
miscsubs at arclights.net
Fri Jul 22 08:44:59 PDT 2005
Douglas Laycock wrote:
> For better or worse, it is inconceivable that regulating abortion
> is not within the commerce power. It is a service for a fee in the
> market economy; patients can travel interstate for the service; some
> providers probably travel interstate to provide it; equipment and
> medications are purchased in interstate commerce; the facility was
> built in interstate commerce; thre is often an out-of-state insurance
> company in the picture. However great a revolution some people feared
> or hoped for before Raich, this seems like a no-brainer after Raich.
With all due respect, that depends on how much respect the /Raich/
dissenters and the dissenters in the case that overturns /Roe/ have for
the precedents they opposed. If four Justices vote to overturn the
federal anti-abortion law on grounds of a right to abortion, while
Justice Thomas insists that the states and only the states can prohibit
abortion, the statute will be overturned.
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