[bcbuster]

I agree. This ban should have been struck down as an undue expansion of the commerce clause. Congress has no business legislating this issue. Stenberg should have been reversed and that would have allowed states to make their own decisions (hopefully with all 50 states banning it). As much as I want partial birth abortion to be banned, I am having a really hard time seeing how this was an issue for Congress to take up.

[Milwaukee_Guy]

As a strict Constitutionalist I would agree.

Roe v. Wade is a States Rights issue. Currently it is an unconstitutional expansion of the Federal Judicial and Legislative powers.

[Texas Federalist]

As much as I want partial birth abortion to be banned, I am having a really hard time seeing how this was an issue for Congress to take up.

The rationale (and the one Ron Paul used to vote for the ban when faced with the same quandry) is that the Supreme Court wrongly federalized the issue of abortion when it decided Roe v. Wade. Therefore, Congress has the right to legislate abortion law and pass laws and initiate legal action to lessen the scope and effect of Roe, only so long as that decision exists.

[NonValueAdded]

Disagree .. the Commerce Clause, that oft abused carte blanche, has nothing to do with PBA. The Fifth Amendment is closer on point that "No person shall be ... deprived of life, liberty, or property, without due process of law ..." and that gives Congress the right to define what is that due process or at least set limits. In this law, banning the murder that is PBA, Congress has determined that there is an exceedingly narrow process to justify denying an unborn child its God-given right to life. Murder is not a commerce issue. Period.

[Mr. Silverback]

The 14th Amendment gives Congress the authority they needed here. It’s in the due process clause.

[plain talk]

As much as I want partial birth abortion to be banned, I am having a really hard time seeing how this was an issue for Congress to take up.

Here you have Congress passing legislation which is their job. This offsets an activist judicial branch which should have never passed a ruling to keep the States from banning abortion. Your post is yet another example why rules-based Libertarians can not be entrusted with running government. They have SFB.