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The Next Case Pro-lifers Must Overturn: South Dakota v. Dole
Dobbs is an enormous victory for both the pro-life and the federalist movements. The right to regulate abortion has been returned to the states in about as unequivocal language as possible. Even if opponents of the decision had the votes to pass a national abortion rights law, it would fail a Constitutional challenge. But there is a completely constitutional lever by which Congress could nominally respect the decision but still force abortion legalization throughout the country. That lever is a little-known case called South Dakota v. Dole.
(I should note that I worried about writing this post at all, for fear of informing our opponents about a powerful tool in their inventory that they probably don’t realize they have.)