The Partial-Birth Abortion Ban Act of 2003 and the Commerce Clause

14 Pages Posted: 24 Nov 2003  

Allan Ides

Loyola Law School Los Angeles

Date Written: November 2003

Abstract

The constitutional controversy surrounding the recently enacted Partial-Birth Abortion Ban Act of 2003 has focused on whether the Act imposes an undue burden on a woman's right to choose an abortion. More specifically, the question is whether the Act runs afoul of the principles enunciated in Stenberg v. Carhart, 530 U.S. 914 (2000). The focus of this essay is on a separate constitutional question, namely, whether the Act represents a valid exercise of the commerce power under the principles enunciated in United States v. Lopez, 514 U.S. 549 (1995), and United States v. Morrison, 529 U.S. 598 (2000). The author concludes that under current Commerce Clause doctrinal standards the constitutionality of the Act as written is in serious doubt. Since this is a working draft, the author invites comments and criticisms.

Suggested Citation

Ides, Allan, The Partial-Birth Abortion Ban Act of 2003 and the Commerce Clause (November 2003). Loyola-LA Public Law Research Paper No. 2003-31. Available at SSRN: https://ssrn.com/abstract=471441 or http://dx.doi.org/10.2139/ssrn.471441

Allan Ides (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-1464 (Phone)
213-380-3769 (Fax)

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