Texas, Abortion, and the Constitution

Source: From the Freedom Files
by Andrew P Napolitano

“Many of my pro-life friends have opined that the five-member majority of the court has signaled its willingness to reverse or at least temper the extent of Roe. If so, it should be done after full briefings and oral argument. Nullification presumes that Roe itself is unconstitutional and that Texas has the sovereign power to declare it as such. Nullification as a constitutional instrument has not been applied seriously since before the War Between the States when several states sought to nullify federal taxes. But nullification is not the result of mere political differences. Rather, it protects the states and their residents from unconstitutional federal incursions when the federal courts have failed to do so.” (09/09/21)