united-states us-federal-government abortion
Could the US Federal Government open abortion clinics inside Federal buildings?
<p>As an example, <a href="https://en.wikipedia.org/wiki/United_States_Citizenship_and_Immigration_Services" rel="nofollow noreferrer">USCIS</a> has dozens of offices around the US, including many states where abortion is expected to be banned soon. Could the US Federal Government dedicate a part of every USCIS building to an abortion clinic, thus denying the states the opportunity to ban abortion? Or would they still have to comply with state law?</p>
<p>I'm asking about the extent to which the Federal government could change things without amending the Constitution or packing the courts to get a favorable re-assessment of prior case law.</p>

<p>The <a href="https://en.wikipedia.org/wiki/Hyde_Amendment" rel="noreferrer">Hyde Ammendment</a> prevents any federal funds from being used to pay for abortions. You can be certain that providing clinic space to provide abortions would be quickly challenged in court as a violation of the Hyde Ammendment.</p>

<p>A substantial impediment to this plan is that the Hyde Amendment forbids using federal funds to pay for an abortion. Let us set aside the funding question in favor of the jurisdiction question.</p>
<p>There is such a thing as the <a href="https://www.law.cornell.edu/uscode/text/18/7" rel="noreferrer">&quot;special maritime and territorial jurisdiction</a> of the US, where the federal government claims jurisdiction which therefore supersedes state jurisdiction, but this refers to the high seas, vessels, rocks with guano... It does also include</p>
<blockquote>
<p>(3) Any lands reserved or acquired for the use of the United States,
and under the exclusive or concurrent jurisdiction thereof, or any
place purchased or otherwise acquired by the United States by consent
of the legislature of the State in which the same shall be, for the
erection of a fort, magazine, arsenal, dockyard, or other needful
building</p>
</blockquote>
<p>USCIS buildings are unlikely to qualify, but there could be some such locations – it would have to be exclusive federal jurisdiction, to preclude application of state law (also known as a federal enclave). A military fort is a likely candidate location.</p>
<p>But <a href="https://www.law.cornell.edu/uscode/text/18/13" rel="noreferrer">18 USC 13</a> says that an act that is not a federal crime but which</p>
<blockquote>
<p>would be punishable if committed or omitted within the jurisdiction of
the State, Territory, Possession, or District in which such place is
situated, by the laws thereof in force at the time of such act or
omission, shall be guilty of a like offense and subject to a like
punishment.</p>
</blockquote>
<p>But this cannot be used to override valid administrative orders, or when there <em>is</em> a relevant federal law.</p>
