How Far Will the Supreme Court Let Biden Expand Unwritten Federal Power over Abortion?

Did a spending program for the elderly reassign state standards of medical care and abortion law to the ‘medical community’?

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Visitors walk in front of the United States Supreme Court building in Washington, D.C., September 22, 2023.

Evelyn Hockstein/Reuters

The Biden administration has forced the Supreme Court back into the abortion-law business, where it does not want to be. But this time, it’s debating the limits of federal power. The case, Moyle v. United States, yet again finds this administration aggressively reading general provisions into a federal statute to grant it highly specific and ever-evolving powers far afield from what Congress wrote or intended.

The oral argument, held on April 24, laid bare the absurdly broad, standardless, and ultimately antidemocratic nature of the administration’s position. Yet again, the Biden administration and the liberal justices are proving themselves a menace to the rule of written law.

Dan McLaughlin

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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