Taking Federalism Seriously: Lopez and the Partial-Birth Abortion Ban
52 Pages Posted: 7 Dec 1997 Last revised: 25 Sep 2008
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.
Keywords: abortion, federalism, commerce clause, lopez, morrison
JEL Classification: K4, I1
Suggested Citation: Suggested Citation