Explore BrainMass
Share

Explore BrainMass

    Late-Term Abortions and the Constitution

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    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?

    © BrainMass Inc. brainmass.com October 10, 2019, 2:06 am ad1c9bdddf
    https://brainmass.com/law/constitutional-law/late-term-abortions-and-the-constitution-362824

    Solution Preview

    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.'

    $2.19