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View Diary: Roberts: Neutral on The Right To Choose? Well How About the Right To Privacy? (115 comments)

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    that a rationale has been provided, it's an interstate commerce one.  And while I believe such a law would properly be precluded by Roe, Casey, and Stenberg, I think it's within Congress's Commmerce Clause power to pass a federal law regulating abortion.  (That said, a lot of those who would find such a law NOT precluded by Roe might find such a law outside the Commerce Clause--a federal law banning abortion might well be declared unconstitutional by Justice Thomas, for instance, for that reason.)

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