The Corner

Re: Victory?

Glenn Reynolds and I have made the same point as Prof. Adler, at greater length.

Outlawing a particular type of abortion procedure simply isn’t within a reasonable understanding of Congressional power to regulate interstate commerce. Partial-birth abortion is horrible, and if I were a state legislator, I would support a state-level ban. But abortion performed within a single state is not “interstate commerce.” Nor is divorce, gun possession, drug possession, most violent crimes, and many other human activities.

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