SO OVER ON TWITTER, INEZ FELTSCHER IS ARGUING THAT Congress’s abortion bill is unconstitutional because it’s outside Congress’s enumerated powers. I think that’s probably right, and in fact argued just that in a law review article written with Dave Kopel over a decade ago. That said, however, under Sebelius Congress could presumably place a stiff federal tax on abortion. And given that the ObamaCare penalty/tax wasn’t excessive, a similar tax on abortion presumably wouldn’t be either. . . .
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