Biden wants to "codify Roe v Wade into law"

I don’t see why not, either way: a national ban or national legalization.

38 states I believe.

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They can only pass laws that fit within the powers they have been granted as the federal government.

Under what delegated power could they pass a law codifiying when abortion must be allowed?

I’m fine with it.

When has it been banned nationally?

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It hasn’t. It has only been floated.

And I’m pretty sure it can’t be done.

Yes but you are in the vast minority.

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Without an amendment.

If a federal law enshrining personhood became a national law do you think this Court would find that unconstitutional?

Why? .

Good question. What about the Court in 50 years? :wink:

I do think that is extraordinarily unlikely just because even most of the GOP couldn’t stomach that. But I do think smaller laws are possible- how about a federal ban on abortions after 15 weeks?

Why not?

Right to privacy isn’t necessarily attached to abortion but it is rather a limit on what the government can know about you w/o consent from you.

If you want abortion to be a Constitutional right, the only way to do it is put it in the Constitution.

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Maybe. I think the Court has decided they are agnostic on the issue and that federal and state legislatures can make up their own mind on abortion laws.

However, by being agnostic, they have punted on the idea of any abortion time frame. Is it constitutionally allowed to have elective abortions at 8 months? If a personhood law is passed, are folks really on the hook for committing murder if they end a first term pregnancy?

Obama could of done it but chose to prioritize the ACA.

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How could he have done it?

When and for how long did Obama have a filibuster proof majority of DEMs?

WW