We start with first principles. The Constitution creates a Federal Government of enumerated powers.
William Rehnquist[I]f we assume a liberty interest but nevertheless say that, even assuming a liberty interest, a state can prohibit it entirely, that would be rather a conundrum.
William RehnquistPregnancy is of course confined to women, but it is in other ways significantly different from the typical covered disease or disability.
William Rehnquist