Federal Partial-Birth Abortion Ban

As I have made clear, and more importantly, as the constitution makes clear, the practice of abortion is neither constitutional nor unconstitutional. It is not mentioned, and thus, through the 10th Amendment, regulatory authority over it belongs to the states and the people, not the Federal Government.

Therefore I concur with the 8th Circuit’s ruling invalidating the federal partial-birth abortion ban, albeit for the exact opposite reason.

Faithful to Supreme Court precedent, the Circuit struck down the statute in question due to the absence of any health exception for the mother. Puzzling, for having thoroughly read through the constitution I have failed to find any health exception clause or amendment that would invalidate a federal or state statute prohibiting any form of abortion not containing said exception. Either the Supreme Court is handing down decisions based on a different version of the constitution (which they have taken upon themselves to write) or they are distorting the actual constitution ratified and amended by the people—– probably both.

The actual reason the federal partial-birth abortion ban is unconstitutional is simple— it exceeds congress’ regulatory authority. Article II, Section 8 of the constitution specifically enumerates congress’ powers, which include the power to assume debt, regulate commerce with foreign nations and among the states, coin money, provide for an army and a national defense, establish rules for naturalization, etc. Clearly absent is any authorization or sanction of the powers exercised by congress with the partial-birth abortion ban.

Further, if it is unconstitutional for the congress or the federal government to invalidate state laws prohibiting abortion, which it is, than it must also be unconstitutional for the congress to introduce nationalized limits or prohibitions, which may or may not reflect the desires of an individual state, on the practice as well. There is no question that the federal ban on partial-birth abortion is a good law and the right thing to do. However the legal question the Court must answer is not whether the right call was made, but instead who gets to make the call. The answer to this is simple—each state and the people therein have the sole authority to make the call, not the congress or the Supreme Court.

If the Supreme Court is at all committed to the constitution than they will reaffirm the 8th Circuit’s judgment on these grounds.

Hat Tip: Terry Eastland