First, when activist justices gave the green light to abortion in Roe v. Wade, they wrongly ignored the following. Given the Constitution's silence about abortion, not only is abortion not an express, constitutionally protected right, but the Founding States had made the 10th Amendment to clarify that government power to regulate things like abortion is automatically reserved uniquely to the states. So not only did activist justices wrongly legislate the so-called right to have an abortion from the bench, but justices usurped 10th Amendment-protected state legislative powers to do so.
Next, regarding constitutionally indefensible abortion funding, Justice John Marshall had officially clarified that Congress cannot lay taxes in the name of state power issues.
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.
So given that the states have never delegated to Congress via the Constitution the specific power to regulate abortion, Congress cannot justify laying taxes for the purpose of funding abortions.
Does anybody not see how easy it is to stop federally funded abortions if you know just a little bit about the Constitution and its history?
Gibbons v. Ogden, 1824.
folks here are “original text only” originalists. Never seen anyone discuss constitutional law cases. We’all are very suspicious of book-learning.