AS WELL THEY MIGHT: Republicans Dispute Federal Power To Regulate Abortion.
As Dave Kopel and I wrote over a decade ago, Congress lacks power to regulate abortion under the Commerce Clause, a conclusion that is certainly strengthened by the Commerce Clause portion of the Sebelius opinion. Of course under Sebelius, I suppose you could tax late-term abortions. . . .
There’s a more recent take on this topic here. And note that the folks at ThinkProgress are apparently fine with regulating abortion under the Commerce Clause.