Taking Federalism Seriously: Lopez and the Partial-Birth Abortion Ban
David B. Kopel
Independence Institute; Denver University - Sturm College of Law
Glenn Harlan Reynolds
University of Tennessee College of Law
Connecticut Law Review, Vol. 30, No. 1, pp. 59-116, Fall 1997
In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce authority.
Number of Pages in PDF File: 52
Keywords: abortion, federalism, commerce clause, lopez, morrison
JEL Classification: K4, I1Accepted Paper Series
Date posted: December 7, 1997 ; Last revised: September 25, 2008
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