The left 'brainstorms' response to Roe decision

 Red States:

The reality is setting in among pro-abortion zealots that they don’t have the power to simply override the landmark Supreme Court ruling to overrule Roe v. Wade that dropped on Friday. That means the big brains are coming up with ideas to try to undercut and get around it.

One such idea is rising to the top of the discussion, and it’s as insanely stupid as you’d imagine. You’ll also be less than shocked to learn it’s being pushed by intellectual titans like Rep. Alexandria Ocasio-Cortez and Daniel Goldman, the latter of which was the main Democrat lawyer in Trump’s first impeachment.

The “creative” idea here is to have the federal government, which currently has no legal mandate to provide abortions, provide them on federal property, including in places like VA hospitals. But I don’t think you need to be a lawyer to see the obvious flaws in that plan.

Clearly, as Goldman notes, the Hyde Amendment is an issue, as providing abortions with federal resources is currently illegal. Yet, even if we assume Democrats could get the votes to repeal the provision, a big stretch given Sen. Joe Manchin’s position on the issue, the idea of tasking the feds with running baby killing rings in states that outlaw the procedure is asinine.

The issue becomes in how federal and state laws interact. The suggestion here appears to be that Joe Biden can order abortions to take place on federal enclaves (such as military bases or in national parks) in violation of state laws against the practice. At the very least, that’s an extremely complicated issue, but given that federal law doesn’t address a range of criminal activity, including performing abortions, it appears that state laws would then apply.

There’s also the issue of jurisdiction over any individual person getting an abortion on federal property. Obviously, military members on a military base are subject to the UCMJ, which includes a host of federal laws that would preempt state laws. But what about doctors theoretically performing abortions at a VA hospital? And what federal law allows VA hospitals to offer care to those outside of their mandate (i.e. veterans) anyway?

...

This is clearly an emotional issue for those who support unlimited abortions.  It also is an emotional issue for those who oppose abortion as the taking of an innocent life.  We will have to see how the politics of the situation plays out.  Roe was always a controversial decision that constitutional scholars thought was wrongly decided.

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