To the editor:

"The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives" — The findings of the Supreme Court of the United States. 

(1) comment

Bill Scott

I appreciate Mark's candor in stating his anti-choice views, but Sun Readers should note that there is considerable debate in legal circles concerning the authority of Congress to protect abortion.

Generally, the States and the people retain all power not ceded to the Federal Government in the Constitution, but even Roe v. Wade was unclear about the constitutional basis for the decision. The main opinion suggested 14th Amendment Equal Protection, but other Justices rooted the right of privacy in other provisions, including the 9th Amendment.

Roe has been overturned, but Congress might look at the Commerce Clause or other provisions to support a statute.

Mark's letter infers this is cut and dried, and its not.

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