“The court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos,” liberal Justice Sonia Sotomayor wrote in a dissenting opinion. Justices Elena Kagan and Ketanji Brown Jackson also objected to the decision.
The majority did not explain its reasoning.
I can think of a few other ways, but all just as unlikely.
Serious question - What other legal options would the dems have to overturn a federal anti-abortion law?
set up abortion clinics on federal land (military bases, VA hospitals, National Parks–fuck it, wherever)
if people complain about the Hyde amendment there are a couple answers:
if the states try to block them, federalize their national guard and slam on that accelerator
but I think that anyone with a spine should stop giving so much of a shit about “legal” since the supreme court clearly doesn’t
playing by the rules is how you lose
I have no idea what the law is on this and how it works. But the GOP could simply close that loophole. Even if the law wasn’t really constitutional - it wouldn’t matter at all. The law would have been exactly designed to get the imprimatur of at least 5 GOP people in black robes to say it is constitutional. And that’s that.
Well, here’s the thing. Supreme Court can say what it wants, but they’re not the commander-in-chief of the armed forces. Andrew Jackson figured this out through his intense commitment to being racist.
There will come a time in the not too distant future where a sitting president ignores a Supreme Court ruling. I’d prefer that be in service of good rather than evil.
A GOP president could do it but a dem president never will.
Right. That’s why I said it’s even more unlikely than packing a court. The norms must be respected.