The Constitutionality of a Nationwide Abortion Ban

The discussions revolve around the constitutional authority of Congress to pass a nationwide abortion ban. With historical cases protecting abortion rights removed, Congress would require a constitutional basis to enact such legislation. The Commerce Clause might serve as a potential basis, but the court has never ruled on whether it authorizes Congress to regulate abortion. While a previous federal abortion law was upheld in 2007, the court did not clarify if the Commerce Clause was the source of Congress' authority. Additionally, the Supreme Court's stance on the constitutional authority for prohibiting or protecting abortion nationwide could differ based on the nature of the law being proposed.