The Constitutional Case Against a Federal Abortion Ban

Source: The Atlantic
by Conor Friedersdorf

Dobbs overturned Roe’s theory of the Constitution and returned abortion to the states. But now the Republican Party is divided about whether abortion policy ought to be decided exclusively in 50 different state legislatures or if federal restrictions are warranted to protect the life of the unborn — an approach some justify by pointing to the text of the 14th Amendment, reasoning that abortion deprives the fetus of its right to life without due process of law. Enter Lindsey Graham of South Carolina, who surprised his fellow Senate Republicans last week by proposing a federal law that would ban abortion at 15 weeks …. I want to focus on one of the reasons Graham’s bill divides the right, including some people who favor laws against abortion: because some of them really do believe in state’s rights and the tyranny-checking, power-sharing provisions of the Constitution.” (09/21/22)