[Strangler Lewis]

Somewhat less so as the striking down of the guns-near-schools act would indicate. Also, in their concurrence in Gonzalez v. Carhart, Justices Scalia and Thomas questioned whether Congress actually had the power under the Commerce Clause to pass the Partial Birth Abortion Act.

If states don't want to accept the money that Congress wants to spend under its power to spend for the general welfare, they are free to pay their own way.