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TopicSenate to vote Wednesday on bill that would make abortion legal nationally
darkknight109
05/06/22 4:24:54 AM
#23:


Unbridled9 posted...
If RvW is found to be unconstitutional than, no matter how much the senate tries to pass it, SCOTUS can override it.
The reason why RvW is poised to be overridden isn't because a law legalizing abortion is unconstitutional, it's because there *is* no law legalizing abortion and the SCOTUS is saying that the constitution, as currently written, does not guarantee a right to an abortion (and therefore, in the absence of federal regulation on the matter, states are free to pass whatever laws they like restricting or banning it).

The federal government can absolutely pass a law legalizing abortion nationwide and that would supercede all state regulations on the matter. There is nothing unconstitutional against them doing so, either - the constitution does not forbid the government from granting a right to an abortion.

The_Viscount posted...
Would it even be constitutional? Feels like the sort of thing that might fold under the first challenge.
On what basis are you suggesting it would be challenged? What clause of the constitution are you claiming it violates?

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