The biggest lie confusing the presidential election is Kamala Harris and Donald Trump nationwide ban on abortion.

Abortion rights do not depend on who is elected president, Trump or Harris.

Or which party controls Congress?

The problem is out of their hands.

No matter where you live, state legislators elected in your home state will determine your abortion rights.

The US Supreme Court will rule on Roe v. in 2022. That was the decision he made when Wade overturned his case.

As a pro-choice woman, I understand that some voters put aside their concerns about inflation, the border, foreign policy, and other issues out of fear that they or their daughters may not have the freedom to choose.

They deserve the truth, but they’re not getting it from Harris, who is more than willing to spread lies about abortion policy to shore up her waning support.

At a rally in Houston, Texas last week featuring pop star BeyoncéHarris added to the fear.

“If you think you are protected from Trump’s abortion ban because you live in Michigan, Pennsylvania, Nevada, New York or California, please know that no one is.”

This is 100% wrong.

But instead of checking the facts, the liberal media is letting this lie do its dirty work, scaring women into voting for Harris.

Trump has promised to veto national ban on abortion.

But you don’t need to take his word for it.

Read the US Constitution.

Constitution reserved states has authority over the health and welfare of its residents.

The federal government has only limited, enumerated powers, such as collecting taxes and regulating interstate commerce; however, it does not have the authority to regulate most health-related matters.

Therefore, any effort by Congress to ban abortion nationally would likely be rejected by the courts as an unconstitutional interference in the affairs of state.

This includes Republican Sen. Lindsey Graham’s Pain-Tolerant Unborn Child Protection Act, which would make it a crime to abort a fetus after 20 weeks.

It also includes the Women’s Health Protection Act of 2022, a democratic proposal. access It allows abortion nationwide, barring state laws to the contrary.

This bill goes so far beyond Congress’s enumerated powers that the bill’s authors omitted the “findings” section intended to define Congress’s authority to pass legislation; because there is no such thing.

Same goes for Harris Roe v. Pledge to legalize Wade.

This is unlikely to happen without a constitutional amendment.

The U.S. Supreme Court recognized states’ authority to regulate health care matters in 1905, when a Cambridge, Massachusetts, resident challenged a local ordinance mandating smallpox vaccination.

In this case, the court ruled that states could require their residents to be vaccinated.

But the court has never recognized federal power to do so, even during the COVID pandemic.

That’s why vaccine laws, like abortion laws, vary from state to state; especially now that Roe was shot.

Members of Congress who sought to enact abortion restrictions or abortion guarantees often used the Commerce Clause as a pretext for their authority, as if performing abortions could possibly be considered interstate commerce.

At one time, the court allowed Congress to expand the meaning of the Commerce Clause like a rubber band, allowing the federal to interfere with almost anything.

It was even used this way by the authors of the Partial-Birth Abortion Ban Act of 2003.

But in a series of recent decisions, the court has cracked down on abuses of the Commerce Clause to expand Congress’s authority into areas normally reserved for the states.

Harris’ Roe v. That’s why his promises to legalize the Wade case and his warnings about the national abortion ban signed by Trump are uninformed and unconvincing.

when is the court Overturns Roe in 2022The justices did not look to Congress to pass abortion legislation.

They looked at the states.

Pro-choice voters need to know that action on reproductive rights is now shifting from Washington, D.C., to their state capitals.

This November, ten states will vote on abortion measures.

It is possible to support increased access to abortion procedures, as in Florida’s measure, and still vote for Trump; because as president he won’t have the authority to do anything about it.

The next battle is over the abortion pill mifepristone, which currently accounts for 63% of pregnancy terminations, according to the Guttmacher Institute.

Fourteen states have banned the drug.

Three of them, Missouri, Kansas and Idaho, sued the Federal Drug Administration to make it harder for women in those states to self-manage abortions.

Trump infuriated pro-lifers by saying the federal government “should have nothing to do with this,” but he stuck to the principle that state voters should decide that.

This is the legal reality.

Instead of hanging out with Beyoncé, Harris should take a refresher course on the US Constitution and stop using scare tactics.

Betsy McCaughey is the former lieutenant governor of New York and co-founder of New York City. Committee to Save Our City.