Planned Parenthood’s Q&A About FOCA – Question 2

Below is the second part of my examination of Planned Parenthood’s Questions and Answers about FOCA. As with the prior post on this topic, significant portions are bolded, and my comments are in red. – Laura

Q. Does Congress have authority to enact FOCA?

A. Yes. Congress has ample authority under Article I § 8 and section 5 of the 14th Amendment of the Constitution of the United States to enact this legislation. Congress has the authority to step in to ensure that a woman’s fundamental right to choose here we go again – the misleading “right to choose” is protected in all states and to prevent State interference with liberty or equal protection of the laws. Here PP attacks states’ rights. See more below. Commerce Clause authority is derived from the economic and interstate nature of abortion services. Abortions are provided by medical professionals on a fee-for-service basis; many women travel across state lines to obtain abortions; clinics purchase supplies from out of state; and employees often travel across state lines to work in clinics. Therefore, Congress may enact legislation to create a national standard governing the provision of abortion services.

NOTE: In other words, FOCA interprets health care as interstate commerce. Note that people often travel to other states to obtain specialized health care in other specialties. I know a woman who travels regularly from NC to NY in order to attend theater, musical events, etc. – but those are not being re-interpreted as interstate commerce. Nor is the retail outlet where I work – which receives merchandise from other states, and on occasion customers from other states as well. Only where it is convenient to promote the agenda of Planned Parenthood does an issue become a federal one.


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