I am also the prime sponsor of HR 300, which would negate the effect of Roe v Wade by removing the ability of federal courts to interfere with state legislation to protect life. This is a practical, direct approach to ending federal court tyranny which threatens our constitutional republic and has caused the deaths of 45 million of the unborn.
That Congress has the power to limit the jurisdiction of the courts is a little-known fact about our Constitution. Article III Section 1 of that document states:
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
Article III Section 2 states:
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
In short, all federal courts inferior to the Supreme Court are entirely beholden to Congress. The legislative branch creates them as necessary, can dictate which sort of cases they can here, and can take them out of existence as well. The Supreme Court is established by the Constitution and so must exist at all times, but Congress can again dictate to the high court which cases it can and cannot here with the exception of “cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party.”
So, in effect, Congress can simply tell the federal courts not to hear any case regarding abortion thus negating Roe vs. Wade. States would be free to institute laws regulating, or even outright banning, abortion with impunity as far as the courts are concerned.
The only real drawback is that the Supreme Court could, per the Constitution, hear abortion cases filed against a state. So ultimately, I guess the matter would still be up to the Supremes, but even that would be a better situation than what we have now. Cases challenging state laws banning or regulating abortion would go straight to the Supreme Court which would either hear the case or refuse to hear it.
It’s an interesting approach. Makes me wonder why it hasn’t been tried before.