Analysis | Can Congress resurrect Roe if it’s overturned? Well, it could try.

To that end, Democrats in Congress are calling on their colleagues to “codify Roe” in federal law. The Women’s Health Protection Act (WHPA) introduced by Rep. Judy Chu (D-Calif.) in June 2021 would do just that. Here’s what you need to know.

By framing the right to abortion as a matter of access to abortion services, the WHPA is taking a page from another major civil rights bill, the Civil Rights Act of 1964. When Congress sought to enforce anti-discrimination requirements in public accommodations such as hotels, public transit and restaurants, it grounded its authority to do so in the Commerce Clause.

Source: Analysis | Can Congress resurrect Roe if it’s overturned? Well, it could try.

I’ve been barking at the moon on Twitter about the leaked decision on Roe v. Wade, trying to point out that it is the job of Congress to pass policy law on the issue of abortion. If delivered as leaked, this decision doesn’t require an Amendment to restore the status quo, nor does the issue have to be relegated to 50 different State legislatures, which all have wildly-varying interpretations on what the policies should be.

Elizabeth Warren made some news by being candid, passionate, and coherent — an unfortunately all-too-rare combination for a sitting Senator — and basically said what I’ve been trying to say: “Congress can keep Roe v. Wade the law of the land; they just need to do it.” And then everyone ignored that, and we got Kamala Harris jumping up in front of a microphone, and delivering a charted symphony of dog whistles.

The article I’ve linked makes the point I’ve been thinking: Congress has gotten a lot of milage from the “interstate commerce” clause of the Constitution. Especially given the varied nature of State statutes governing abortion, it would seem to me that Congress is perfectly positioned to invoked the clause again in order to regulate abortion across the country. In fact, I would argue that the leak should be seen as a blessing, giving time to Congress to lead and be prepared to pass just such a law if and when the time comes.

There’s an open floor for actual leadership in this country. But, no. No one is stepping up. No one is being an adult here. So, instead, we’re letting all the crybabies have the mic. It’s disgraceful. This whole thing is just disgraceful. And I really just can’t wrap my head around how it seems our entire government of elected lawyers can’t figure this one out. I realize everyone wants to capitalize on the political persuasion that’s up for grabs here, given the coming midterms, but the party that takes control of the narrative, makes the case for Congress doing their job, and drafts a bill reflecting a compromise would score huge points in the next election.

In Apple Antitrust Trial, Judge Signals Interest in Railroad, Credit-Card Monopoly Cases

U.S. District Judge Yvonne Gonzalez Rogers will decide if Apple has operated an illegal monopoly, and she’s already made it clear that she is thinking about how previous precedent-setting cases involving AmEx and a St. Louis railroad apply to the new digital economy.

The question of how to define a market in the case is a central issue. Is the market confined to distributing apps on the iPhone as “Fortnite” videogame creator Epic argues? Or, as Apple contends, is the market just devices on which videogames can be played?

Source: In Apple Antitrust Trial, Judge Signals Interest in Railroad, Credit-Card Monopoly Cases

No, the real central issue is that we’ve now left one of the biggest decisions about how the world economy should work in this modern day in the hands of one poor judge. It should be Congress that is writing laws to govern how this should work, but they no longer do that. The only thing Congress does any more is play with the tax code at the behest of their biggest campaign donors, and then spend that money on those donors’ interests.

The US had a great run. The post-war boom was unprecedented in world history. Except for the continued disgrace of post-Civil-War race relations, the US established an economy and power the world had never seen before. And then we threw it all in the trash, first by the invisible hands of the military-industrial complex and the deep state, and then by very visible hands of modern-day billionaire robber barons.

The party is over now. There’s nothing special about our government anymore. It’s all been captured by the oligarchs, just like every other government. There’s nothing to distinguish the actual result of our form of governance from any other on the face of the earth. The people running the show do whatever they want, whenever they want, and to whomever they want. Whereas big-J journalism used to hold them accountable, and public pressure forced reforms, now big companies in traditional media (and disinfo efforts in social media) smooth everything over and make it all go away.