Constitutional Minute—Episode 5, When is an Act of Congress Unconstitutional?

The Supreme Court’s recent order allows emergency abortions in Idaho, temporarily blocking the state’s restrictive abortion ban. The Court’s decision to reverse the 1973 Roe v. Wade opinion is based on the fact that the Constitution does not confer a right to abortion. The authority to regulate abortion is returned to the states and their elected representatives, as per the 10th Amendment. The EMS USA Emergency Medical Treatment and Active Labor Act is considered unconstitutional for overstepping Congress’s enumerated powers and not aligning with the supreme Law of the Land.

TEXAS RIGHT-TO-LIFE LAW UNDER ASSAULT BY ROBERTS

December 12 Chief Justice Roberts “warned Friday that the Supreme Court risks losing its own authority if it allows the existence of a law like Texas’ near-total abortion ban, which attempts to circumvent the courts…he wrote, “that the Constitution is the ‘fundamental and paramount law of the nation,’ and ‘[i]t is emphatically the province and duty …