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Too bad Congress doesn't get what it wants in this case.
After the Dobbs ruling, the Fed govt (that includes Congress) has no power to make ANY laws on abortion.
Actually they never did, but the Supremes in 1973 stole a power belonging to the states, awarded it to themselves, and legislated from the bench to illegally make law on abortion themselves.
The Dobb decision last week, announced they had been caught, that 1973 decision (and Casey) were overruled, and the power to make laws on abortion was returned to the states and the people where it always belonged.
This.
If congress codifies abortion rights, it becomes the federal law.
If congress makes abortions illegal, that becomes the federal law.
Scotus must abide by the laws of the land, whatever they may be.
How does the OP not understand how laws are enacted?
Congress COULD make such laws. but as soon as either a law codifies abortion rights or makes abortion illegal the "other side" will challenge the law in the Courts as soon as it is signed. Using the exact same argument of not the authority of the Congress.
If it gets to the Supreme Court and they say the law is Unconstitutional then it is no longer the law of the land. So instead of going through all of this, which would likely end up with any law being tossed out. If people are that set for "abortion rights" then get the States to codify the rights into law. At this point, I think there are only about 16 states where it is illegal in most cases. And when the initial fallout from the decision settles, there will probably be even fewer states.
This.
If congress codifies abortion rights, it becomes the federal law.
If congress makes abortions illegal, that becomes the federal law.
Scotus must abide by the laws of the land, whatever they may be.
How does the OP not understand how laws are enacted?
I'll wager you did not read the decision. States can regulate and then be challenged to a higher court.
The way the law is supposed to work.
https://www.supremecourt.gov/opinion...-1392_6j37.pdf
Under the Court’s precedents, rational-basis review is the appro- priate standard to apply when state abortion regulations undergo constitutional challenge. Given that procuring an abortion is not a fundamental constitutional right, it follows that the States may regulate abortion for legitimate reasons, and when such regulations are challenged under the Constitution, courts cannot “substitute their social and economic beliefs for the judgment of legislative bodies.”
Congress COULD make such laws. but as soon as either a law codifies abortion rights or makes abortion illegal the "other side" will challenge the law in the Courts as soon as it is signed. Using the exact same argument of not the authority of the Congress.
If it gets to the Supreme Court and they say the law is Unconstitutional then it is no longer the law of the land. So instead of going through all of this, which would likely end up with any law being tossed out. If people are that set for "abortion rights" then get the States to codify the rights into law. At this point, I think there are only about 16 states where it is illegal in most cases. And when the initial fallout from the decision settles, there will probably be even fewer states.
I am not a constitutional expert but I think your logic is flawed. I have once taken part in writing a federal laws, a big one that were passed, but have counted as on the legal expert for guidance. It is above my pay grade.
Do you have practical experience in writing federal legislation?
I am not a constitutional expert but I think your logic is flawed. I have once taken part in writing a federal laws, a big one that were passed, but have counted as on the legal expert for guidance. It is above my pay grade.
Do you have practical experience in writing federal legislation?
I posted the SC ruling. States can regulate. And those regulations can be challenged to a higher court.
Congress can't do SQUAT.
If English is your first language you should be able to read it with no problem. I posted the link.
Thanks, but it won’t be constitutionally protected so Mike Pence can sign an order and stop it on day one if example he won the ‘24 Presidency I’m guessing.
I posted the SC ruling. States can regulate. And those regulations can be challenged to a higher court.
Congress can't do SQUAT.
If English is your first language you should be able to read it with no problem. I posted the link.
I have spent to much time in dc speaking to real experts to know I don’t know. I also know you don’t know and I probably have more experience than you.
I’m going to trust bidens team of constitutional experts know more than either of us.
I have spent to much time in dc speaking to real experts to know I don’t know. I also know you don’t know and I probably have more experience than you.
I’m going to trust bidens team of constitutional experts know more than either of us.
Thanks, but it won’t be constitutionally protected so Mike Pence can sign an order and stop it on day one if example he won the ‘24 Presidency I’m guessing.
Can stop what?
As I've already pointed out, the Supremes ruled last week that NO ONE in the federal government can make laws about abortion. Congress can't make such laws, Fed Courts can't legislate from the bench on abortion as the Roe court did, the Prez can't issue an EO on abortion.
(wonder how many more times I'm going to have to point this out AGAIN in the next month or three, to people who persist in not reading the decision before they try to tell us what the decision says? )
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