"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.
On a major case I wonder if the answer is no. The situation is hilarious considering that the dems keep promising they will restore Roe. The only way to actually do that is to pack the court first. Of course the dems won't do that. Which means there are only two outcomes if they control congress and Biden wins...
Version one of abject failure: They fail to pass a law.
Version two of abject failure: They pass a law but then the court rules 6-3 that it's unconstitutional and Biden says he's "surprised" by the ruling.
And after that - I don't know what happens.
After that they fundraise off of their failure and use it for campaign ads, what else?
But what happens when the GOP grabs power and they pass a federal anti-abortion bill? What is the dems pitch in the upcoming - and future - elections?
"Vote for us and we might kinda-sorta pack the court but we don't promise you anything."
Aside from "vote for us or it gets worse" they can promise to pack the court or pass an abortion bill or whatever, and then rely on one or two Democrats to block the legislation.
But next time for sure!
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.