Aaron Tang: Would a nationwide abortion ban be constitutional? - News Summed Up

Aaron Tang: Would a nationwide abortion ban be constitutional?


There is, however, a way to counter Kacsmaryk’s ruling that would be difficult for even the current anti-abortion Supreme Court majority to evade. ADVERTISEMENTIn upholding Mississippi’s 15-week abortion ban, Dobbs overturned the 14th Amendment right to abortion. And that means efforts by anti-abortion forces to ban abortion nationwide via the Comstock Act would be unconstitutional. In other words, either the court can uphold the Comstock Act as a nationwide abortion ban or it can offer sweeping new constitutional protections to gun owners. In the end, hand-wringing over the Comstock Act and how the Supreme Court may interpret it is entirely avoidable.


Source: Los Angeles Times April 25, 2023 16:00 UTC



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