“George Will claims that a Supreme Court decision overruling Roe v. Wade would restore “moral federalism,” a system under which each state could adopt its own preferred policy on abortion. Thus, prochoice voters living in states with prochoice majorities have nothing to worry about, at least so far as their own states are concerned.

Under the Supreme Court’s recent federalism jurisprudence that simply isn’t true. The Supreme Court’s 2005 decision in Gonzales v. Raich held that Congress can regulate any activity with even the slightest, extremely tenuous connection to ‘commerce’.