Would The Pain-Capable Unborn Children Protection Human Activity Endure Constitutional?

In November, a Federal District Court inwards Michigan held the Prohibition of Female Genital Mutilation Act of 1995 unconstitutional. The Court reasoned, inwards essence, that the Supreme Court's decisions inwards Lopez and Morrison meant that this assort of local action could non move regulated past times Congress pursuant to the Commerce Clause or whatever other enumerated power. This was truthful fifty-fifty though the illustration involved a prosecution of doctors who were paid to hit the physical care for past times a family. While states were costless to ban the practice, the federal authorities could not.

My query is simple: If this persuasion is correct, thence would it non follow that a federal statute prohibiting a tertiary trimester abortion nether for sure circumstances would every bit good move invalid? I dubiety that Congress tin hit findings that third-trimester abortions convey a demonstrable number on interstate commerce whatever greater than woman someone genital mutilation does.

One reply to this, of course, is that possibly the District Court erred inwards belongings that the FGM statute is unconstitutional. I've having a difficult time, though, agreement how the 2 examples tin move distinguished.