Congress doesn’t have the power to legislate on abortion

The Supreme Court earlier this year found the US Constitution does not recognize the right to have an abortion. Now Sen. Lindsey Graham (R-SC) wants Congress to act.

His bill, modeled on the Mississippi legislation the court upheld in Dobbs v. Jackson Women s Health Organization, would ban abortion after the 15th week following conception.

Graham s bill isn t especially radical most European countries actually have stiffer rules, generally cutting off any-reason abortion between weeks 12 and 14.

But the bill is unconstitutional. Dobbs notwithstanding, Congress lacks the constitutional power to regulate abortion. 

That s not because the Constitution offers special protection for abortion as such. No, there are constitutional limits to how far Congress powers go, and those powers don t go so far as to reach abortion.

It s often forgotten, but our federal government is not granted the general power to do whatever it wants; it is instead a government of enumerated powers, one allowed to do only things the Constitution specifically authorizes. That document doesn t let Congress exercise all conceivable legislative powers, only those powers herein granted to Congress. 

via nypost.com

Glenn Reynolds.