Congressional Authority to Regulate Abortion

This episode examines the extent of Congressional authority to regulate abortion following the Dobbs v. Jackson Women’s Health Organization Supreme Court decision. We analyzes three potential constitutional bases for federal abortion legislation: the Commerce Clause, the Spending Clause, and Section 5 of the Fourteenth Amendment, detailing both their potential applications and inherent limitations. We also reviews relevant case law and discusses examples of past and present abortion-related legislation introduced in Congress.