Thread by @twoodiac

The federal government has *plenary* authority over interstate commerce. Consequently, Congress could simply strike down the laws in 19 states barring the transportation of abortifacient pills across state lines. For that matter, so could the Commerce Dept through regulation. 1/2

Example: a number of states have laws regulating the transport of fruits and vegetables across their state lines, but states can apply these regulations *only* because the U.S. Dept of Agriculture permits it. (The Dept also has its own regulations.) 2/2 tinyurl.com/yx9ea3rr

What everyone seems to be missing is that Interstate commerce involving Mifepristone became an issue the very moment the FDA approved its use and sale. Obviously, no state can bar the importation of any legal substance or product unless the federal govt approves such a ban.

Do not suppose that the Biden Administration has missed this perfectly obvious and unquestionable point of constitutional law.

In fact, the FDA’s approval of Mifepristone was undoubtedly the first step of a two-step process. We are waiting now for the second shoe to drop.

Now that I think about it, in fact, it is clear that the Administration doesn’t even need to issue a new regulation *permitting* the transportation of Mifepristone over state lines. (Here I’m partially correcting what I said in tweet #1 above.)

All the Commerce Dept has to do is point out that the transportation of MIfepristone across state lines is lawful simply because there is no existing federal law or regulation *prohibiting* it!

Nor would it be legal for the 19 states to make the consumption or use of Mifresidone by residents of their states illegal even though receiving it from another state (across state lines) is legal.

This, too, would be illegal under federal law (the commerce clause of the Constitution). Obviously, if it is legal to import X into a state, then it is legal to consume or use X in that state.

If it is illegal for California to bar the importation of pineapples from Hawaii, then it is eo ipso illegal for California to bar the *consumption* of pineapples from Hawaii. Were it otherwise, the commerce clause of the federal constitution would be meaningless.

So far as Mifepristone is concerned, it was game over as soon as the FDA declared it to be safe and approved its sale. This will start dawning on the country--women, anti-abortion activists, and pro-choice activists--very soon.

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