Gonzales v. Carhart: An Alternate Opinion
CATO Supreme Court Review, p. 167, 2006-2007
26 Pages Posted: 2 Oct 2007
This article, written for the 2007 CATO Supreme Court Review, takes the form of a hypothetical Supreme Court opinion passing on the constitutionality, under the Commerce Clause, of the Partial Birth Abortion ban that the Court upheld on Due Process grounds in the 2006-2007 Term. The Court concludes that the Partial Birth Abortion act exceeds congressional power under the Commerce Clause and is unconstitutional.
Keywords: abortion, Commerce Clause, federalism, Carhart, Gonzales, Supreme Court, Morrison, Lopez, Raich
JEL Classification: K00
Suggested Citation: Suggested Citation