"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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