The Department of Justice will try to step in and do something about Texas' abortion bill because of Democrats' talking point that abortion is healthcare, but President Joe Biden and House Speaker Nancy Pelosi need to remember what federalism entails, says constitutional lawyer Jenna Ellis.
"The actual definition of abortion is that it's an elective procedure that's a medical intervention specifically designed to cause the death of an unborn child, so that's what we're really talking about," Ellis told Newsmax's "Cortes & Pellegrino."
"Joe Biden and Nancy Pelosi need to remember that while they use these terms, saying unconstitutional, they need to remember federalism, and they need to remember that their specific enumerated powers do not give the federal government any power to tell the state of Texas, or any other state, what they can do to protect life in your state," she added.
"This is of course going to be challenged. It's been a hot-button issue from the left, and of course the right, that wants to protect life. My hope is that with the 5-4 majority on the Supreme Court now, they are going to apply the Constitution faithfully and with dignity and actually protect life."
Most Republicans oppose abortion, one of the most divisive issues in the United States, and many have urged the U.S. Supreme Court to overturn Roe v. Wade, the landmark decision making it a woman's constitutional right.
White House spokeswoman Jen Psaki told reporters Biden will consult with lawmakers on legislation to protect women's right to abortions, adding a range of approaches were under review, including the Women's Health Protection Act to be voted upon by the House.
Senate Republicans likely will filibuster the bill, though, in a chamber split evenly along party lines. Also, Sen. Joe Manchin, D-W.Va., could vote against it.
Information from Reuters was used in this report.
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