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abortion action appellate applied argument Article asserted authority benefits burden challenge CHIEF JUSTICE citizens civil claim classification Commerce Clause conclude concurring Congress congressional Constitution constitutionally criminal decision detention determine discrimination dissenting District Court Dormant Commerce Clause Due Process Clause effect election Eleventh Amendment enacted enforce Equal Protection Clause established executive exercise fact federal courts Federal Government Fourteenth Amendment Framers governmental habeas homosexual Immunities Clause imposed individual interest interstate commerce invalid involved issue judgment judicial jurisdiction Justice Scalia legislation legislature liberty limits marriage military commission ordinance peremptory challenges persons petitioners plaintiff political President President's principles privileges and immunities procedures prohibition Proposition 209 purpose question race racial reason regulation responsibility restrictions rule scrutiny separation of powers sovereign immunity standard State's statute statutory strict scrutiny substantial Supreme Court Suspension Clause T]he Tenth Amendment unconstitutional United violation vote