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Late-Term Abortions and the Constitution

Would congress be able to pass a law banning late-term abortions? Why? How would the justices each decide if it's constitutionality were called into question?

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Here's a suggested response based on some case law. Hope this helps you get started. Good luck!!!

Yes, Congress would be able to pass a law banning late-term abortions as long as "late-term" abortion was clearly defined and not too vague.

This authority comes from the Commerce Clause of the Constitution. The Partial-Birth Abortion Ban Act of 2003 (18 U.S.C § 1531) is a law prohibiting a form of late-term abortions called 'partial-birth abortions.'

A 2000 Supreme Court case held that a Nebraska ...

Solution Summary

Yes, Congress would be able to pass a law banning late-term abortions as long as "late-term" abortion was clearly defined and not too vague.

This authority comes from the Commerce Clause of the Constitution. The Partial-Birth Abortion Ban Act of 2003 (18 U.S.C § 1531) is a law prohibiting a form of late-term abortions called 'partial-birth abortions.'

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