I believe the question is
where does the federal government get its authority to enforce national social policy and
what are the limits of that authority? Roe vs. Wade does puts limits on federal authority, but some say it does so based on unsound reasoning and therefore should be overturned. I can’t speak to that. I’m not an expert on jurisprudence and don’t want to get into a conversation about it.
However, if you are a supporter of Ron Paul, you might reply with his view of the matter:
Federalizing Social Policy
“Under the 9th and 10th amendments, all authority over matters not specifically addressed in the Constitution remains with state legislatures. Therefore the federal government has no authority whatsoever to involve itself in the abortion issue. So while Roe v. Wade is invalid, a federal law banning abortion across all 50 states would be equally invalid.”
lewrockwell.com/paul/paul301.html
On the other hand, the
14th Amendment restricts the authority of states of to pass laws that undermine the Bill of Rights, which prior to 1868 only applied to the federal government.
The 14th Amendment states:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Today, the federal government recognizes that women are
citizens and persons - so a woman’s rights are protected by the 14th Amendment (although it took an additional amendment, the 19th Amendment, to grant women full citizenship). However, under Roe vs. Wade, unborn babies are not
legally recognized as persons and are therefore not protected by the 14th Amendment. From what I understand, this is the law of the land until Roe vs. Wade is overturned.
Catholics recognize that the unborn babies are indeed persons and should have 14th Amendment protections - someday I hope everyone will see it this way too, but that is definitely not the case at the present time
Peace