Following on this...
Suddenly the loopier sort of Republicans are calling for a national abortion ban.
Which is, by any reasonable reading of the Constitution, entirely outside Congress's authority.
Unfortunately, Wickard v. Filburn remains the law of the land and the basis for a great many exercises in overreach. So a Republican Congress could indeed pass such a law, and by current standards it would (if there were some claimed connection to interstate commerce) pass muster.
But maybe this is part of some plot to overturn Wickard? Are the Republicans hoping to have Progressive activists bring a case before the Court that results in this long-hoped-for reversal? (Naw, I don't think they're that smart. Could be some smart guy egging them on, though.)
Comments