[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.

[goldstategop]

The Fifth Amendment allows for the death penalty but I would say its a stretch that it creates a right to an abortion.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[deputac]

I would agree with your reasoning, and the language in the PBA of 2003 cites to it as a life issue. But, how do you explain Thomas’ writing which shows that a Commerce Clause issue may have been raised, but was not at issue before the Court in this specific matter?

I would feel much better if the Court ruled as it did on your view.