Abortion Lies: What a President Can & Cannot Do

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The biggest lie roiled the presidential election is Kamala Harris’ claim that Donald Trump will ban abortion nationwide.

Abortion rights do not hinge on who is elected president, Trump or Harris.

Or on which party controls Congress.

The issue is out of their hands.

Wherever you live, state legislators elected in your own state will determine your abortion rights.

That is what the US Supreme Court ruled in 2022 when it overturned Roe v. Wade.

As a pro-choice woman, I understand some voters are putting aside concerns about inflation, the border, foreign policy, and other issues out of fear they or their daughters won’t have freedom of choice.

They deserve the truth — but they’re not getting it from Harris, who’s all too willing to spread lies about abortion policy to shore up her sagging support.

Harris pumped up the fear at a rally in Houston, Texas,.

“If you think you are protected from a Trump abortion ban because you live in Michigan, Pennsylvania, Nevada, New York, or California,” she said, “please know, no one is protected.”

That’s 100% false.

But instead of fact-checking, the liberal media are letting that lie do its dirty work, scaring women into voting for Harris.

Trump has vowed to veto a national ban on abortion.

But you don’t have to rely on his word.

Read the US Constitution.

The Constitution reserves for states authority over the health and welfare of their own residents.

The federal government has only limited, enumerated powers, such as levying taxes and regulating interstate commerce — but not the power to regulate most health-care matters.

Therefore, any effort by Congress to ban abortion nationally would likely be overturned by the courts as an unconstitutional intrusion into state affairs.

That includes Republican Sen. Lindsey Graham’s Pain-Capable Unborn Child Protection Act, which would make it a crime to abort a fetus after 20 weeks.

It also includes the Women’s Health Protection Act of 2022, a Democratic proposal that would guarantee access to abortion nationwide, preempting state laws to the contrary.

This bill goes so far beyond Congress’ enumerated powers that its authors have omitted the “findings” section that’s meant to describe Congress’ authority to pass it — because there is none.

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The same is true of Harris’ pledge to codify Roe v. Wade.

That’s unlikely to fly, short of a constitutional amendment.

The US Supreme Court recognized states’ power to regulate matters of health care as long ago as 1905, when a resident of Cambridge, Mass., challenged a local ordinance requiring the smallpox vaccine.

In that case, the court ruled that states could require residents to be vaccinated.

But the court has never recognized a federal power to do so, not even during the COVID pandemic.

That’s why vaccination laws vary from state to state, just like abortion laws do — especially now that Roe has been struck down.

Members of Congress trying to legislate abortion restrictions or abortion guarantees have generally used the Commerce Clause as the pretext for their authority, as if performing an abortion could possibly be considered interstate commerce.

At one time, the court allowed Congress to stretch the meaning of the Commerce Clause like a rubber band to authorize federal meddling into virtually anything.

It was even used that way by the authors of the Partial Birth Abortion Ban Act in 2003.

But recently, in a string of rulings, the court has cracked down on misuse of the Commerce Clause to extend Congress’ authority over areas otherwise reserved for the states.

That’s why Harris’ vow to codify Roe v. Wade, and her warnings about a national abortion ban signed by Trump, are uninformed and unconvincing.

When the court struck down Roe in 2022, the justices didn’t look to Congress to make abortion law.

They looked to the states.

Pro-choice voters need to know that the action on reproductive rights has now shifted from Washington, DC, to their own state capitals.

Ten states have abortion measures on the ballot this November.

It’s possible to support increased access to abortion procedures, like Florida’s measure does, and still vote for Trump — because, as president, he won’t have the power to do a thing about it.

The next battle is over the abortion pill mifepristone, which now accounts for 63% of pregnancy terminations, according to the Guttmacher Institute.

Fourteen states ban the drug.

Three of them, Missouri, Kansas, and Idaho, have sued the Federal Drug Administration to make it harder for women in those states to self-abort.

Trump has said that the federal government “should have nothing to do with this issue,” infuriating pro-lifers — but staying true to the principle that state voters should decide it.

That’s the legal reality.

Instead of hanging with Beyoncé, Harris should have taken a refresher course on the US Constitution — and dropped the scare tactics.

~~~

Betsy McCaughey is a former lieutenant governor of New York and co-founder of the Committee to Save Our City.

Reprinted with permission.


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ThinkAboutIt
ThinkAboutIt
6 months ago

It’s pretty sad we are so stupid we need laws to define when a human life begins. Pregnancy means a baby is alive. Kill the pregnancy and you murder the baby. But I guess we need our State Officials to tell us whether it’s murder or not. How does God forgive you for that?

The Man with No Name
The Man with No Name
6 months ago
Reply to  ThinkAboutIt

God Cursed the Womb. -Genesis. Now, mankind Scores low in Reading Comp and Intelligence; however, you have to think about what happens when God curses the Womb? BIG MAGIC PEOPLE, and YOU should all HAVE BEEN AFRAID! Think Genetically; because there is no reason, today, for man to be Ignorant. Now, what “BABOON” ( Your theory not mine ) would Enter into Something GOD Cursed to Procreate a Curse? I would have Ran Away from that Procreation Monster, Really. Id have been afraid that my Manhood would turn Green and Fall Off! I would have Repented.

Be Fruitful and Multiply? Well, think about that Cursed Fruit? The Fruit was the Original Sin? So, why be "Fruitful" and Multiply? Rebellious! I am sure God was Testing, mankind, and it was a Choice, not a Command. A Test. And, as usual, mankind, Failed. Repentence does not entail procreating sin. And, God, did tell all of you how this Experiment Ends ... Revelation. So, Why DO it?

Why are you all procreating sin to begin with, Really? If you could all control your desires, then GOD would have upgrade you to Angelic Status with Perfect Genome; because youd have all conquered sin and sin would be no more. Do the Math. So… Why do you go around the Mountain, Mankind?

God flooded the Earth; So, He knows and can easily Forgive lesser Sins. He felt sorry after flooding the Earth; so, His Conscious must have gotten Him. He felt the Suffering and Pain: It is very Sad to Watch People and Animals Drown. Imagine.

So … There is nothng mankind can do that God cannot Forgive. And, the Holy Spirit thing means “You Decided to Reject God.” Free Will. And, that is the only sin God Cannot Forgive; because YOU ( mankind) have to give it up and Seek God.

Sure, MY THEORY, is unconventional and flys in the face of all Major Religions! I stand alone and Hold My Ground! However, I do not Trust Religion. I trust God. And, I think I have the Right Answer? You were all WRONG from the Very Beginning and nothing has Changed. How Sad.

Do you not all want Perfect Bodies, Minds, and No Sickness, Famine or Death? All you had to do was Control your Desires and Stop Procreating Sin. This Checkmates “Satan/SIN” and Wins the Game. No Jesus Required. And, if you all read this post ( with great understanding) then you`ll understand why people abort their Children. Not so Horrible if you understand the Context.

MACVSOG
MACVSOG
6 months ago

Great article Betsy McCaughey.

“Instead of hanging with Beyoncé, Harris should have taken a refresher course on the US Constitution — and dropped the scare tactics.” True!

That’s not the Communist way! The Communists are now out of the closet so dropping scare tactics isn’t an option in their mind. Communists are revolutionists whom believe in taking a governments down by military force or through forceful regulation. I would not be surprised if Harris had won, there would be an American version of the Enabling Act of 1933 in a Democrat desk drawer in DC Dictator land.

The abortion regulation bills by Graham and Democrats: they knew it would never fly but both know how to con the voters with sound bites and media. The Graham bill was about making the Republicans look bad to stop Trump and the Democrat bill was to entreat the pro choice voters on both sides of the isle hoping to move some to the left. I would bet the hateful twins Schemer and the turtle were doing everything they could behind the curtains to stop Trump, not to mention the deep state.

Reading many books over the last 30 years. While reading your article I remembered reading something about the commerce clause. Can’t remember which book it was in so I did a little research. What I thought was correct.

The origin of regulate seems to be around 1610-20. There’s also some reference to mathematics PIE root. But the following is what I think the founders were referring to concerning regulate.

In the 17th century, the word “regulate” meant to be well-organized, well-armed, and well-disciplined. It didn’t mean “regulation” as it’s used today, which is about the regulatory state. Which could have meant, the founders wanted commerce to free flowing between the states and of course many things are not now. California restricts some products from being brought into the state. Identical insurance policies can be $100 in one state and $250 in another.

Seems the commerce clause has been abused by donations and politicians as you hinted at. Insurance and many other products are not like the self abortion pill. In some folks mind the pill has morality attached to it.

I think you wrote a great article. Thank you. And I am pleased it’s up to the states now.

Peter B. Prange
Peter B. Prange
6 months ago

Interesting article from an acknowledged supporter of killing babies in the womb.
A woman’s choice should end when her choices lead to her becoming pregnant. If she was a victim of a crime, then our culuture should support her through her tribulation, and her attacker severly punished, but killing an innocent baby to make things right is abominable.

MACVSOG
MACVSOG
6 months ago

The woman’s DNA is different than the babies. Therefore two separate humans. Seems it’s not really part of her body but her body is a vessel holding a different distinctive human. It is not my intention to irritate any of the anyone, merely to state information about science. Meaning; two different DNA profiles indicate two different human beings and souls.

MACVSOG
MACVSOG
6 months ago

Megan Kelly on abortion! 56 seconds

https://rumble.com/v5lnzck-megan-kelly-on-abortion.html

Sua Sponte
Sua Sponte
6 months ago

Democrats are liars at heart….It’s in their DNA….It’s who they are and what they are….and their base is the unhinged mentally incapacitated who will believe anything that comes out of their mouth, incapable of doing even the simplest of research…You know, dumb people….