In a Tweet, Megyn Kelly explained legal and political reasons why Biden’s call to nationalize abortion law is a bad idea.
The first reason the political commentator gives is that congress does not have the power to regulate abortion. Under longstanding constitutional legal principles, matters of health and safety are reserved to the states. In Dobbs, the US Supreme Court expressly stated that abortion should be treated in the same manner as other health and safety legislation.
Accordingly, laws regulating or prohibiting abortion are not subject to heightened scrutiny. Rather, they are governed by the same standard of review as other health and safety measures.Dobbs v Jackson, Opinion of the Court pg. 11
Secondly, Mrs. Kelly points out that the legislation does not have the votes to pass congress, as Senator Manchin, a West Virginia moderate Democrat has previously stated he does not favor either the filibuster or the extreme abortion on demand policies of the White House.
Lastly, she points out that what one congress can enact, another can overturn. While this is true, it certainly was not the case with Obamacare, which the American people and the GOP opposed but have not yet overturned in congress, despite having the opportunity to do so in the past.