The Biggest Lie To Trouble The Presidential Election Is Kamala Harris’ Claim That Donald Trump Will bans abortion nationwide.

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

Or which party Congress controls.

The problem is out of their hands.

Wherever you live, elected state legislators in your own state will determine your abortion rights.

That’s what the US Supreme Court ruled in 2022 when it overturned Roe v. Wade.

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

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

At a rally in Houston, Texas last week with pop star BeyoncéHarris grew fearful.

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

It is 100% fake.

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

Trump has vowed to veto a national ban on abortion.

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

Read the US Constitution.

The Constitution reserves for Member authority over the health and welfare of its own residents.

The federal government has only limited, enumerated powers, such as levying taxes and regulating interstate commerce—but not the power to regulate most health care issues.

Therefore, any effort by Congress to ban abortion nationwide would likely be struck down by the courts as an unconstitutional intrusion into state affairs.

That includes Republican Sen. Lindsey Graham’s Pain Capable 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 that would guarantee accession on abortion nationwide, barring state laws to the contrary.

This bill so far exceeds the enumerated powers of Congress that its authors omitted the “findings” section, which is meant to describe Congress’s authority to enact it — because there is none.

The same goes for Harris commitment to codify Roe v. Wade.

It’s unlikely to fly, short of a constitutional amendment.

The U.S. Supreme Court has recognized states’ power to regulate health care issues as early as 1905, when a resident of Cambridge, Massachusetts challenged a local ordinance requiring the smallpox vaccine.

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

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

That’s why vaccination laws vary from state to state, as do abortion laws—especially now that Roe has been struck down.

Members of Congress seeking to legislate abortion restrictions or guarantees have generally used the Commerce Clause as a pretext for their authority, as if performing an abortion could be considered interstate commerce.

At one point, the court allowed Congress to stretch the meaning of the Commerce Clause like a rubber band to authorize federal interference in virtually anything.

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

But recently, in a series of rulings, the court has cracked down on abuses of the Commerce Clause to expand Congress’s authority over areas otherwise reserved for the states.

That’s why Harris’ vow to codify Roe v. Wade and her warnings about a national abortion ban signed by Trump are ill-informed and unpersuasive.

When the court struck down Roe in 2022the judiciary did not look to Congress to make abortion law.

They looked at the states.

Pro-choice voters should know that action on reproductive rights has now moved from Washington, DC to their own state capitals.

Ten states have abortion measures on the November ballot.

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

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

Fourteen states ban 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-abort.

Trump said the federal government “shouldn’t have anything to do with this issue,” angering pro-lifers — but standing by the principle that state voters should decide.

This is the legal reality.

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

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