Not on that premise, but yes they could strike down a federal law protecting abortion access. They don't actually need much of a pretext, the majority decision is often built on blatant lies gussied up with diverting legalese.
An example to look at is the Shelby case, as that's where they dismantled much of the VRA of 1965, a federal law protecting the right to vote "free" from racial discrimination. Their flimsy pretext: well the stuff that was happening in 1965 isn't happening anymore, so we don't need the law, so federalism dictates we let states "regulate" themselves. Racial discrimination in redistricting is still very much a thing, but even if the electoral system wasn't racist, that would also be proof that the law is functioning as intended and completely necessary. The majority understood this. It was presented to them for weeks, smacked in the face with it. They kept their cynical pretext so that their party (GOP) could have more power.
A similar thing could happen with abortion. But that's not a reason to do nothing, which is exactly what Democrats want: "we can't do anything until you vote for us again". An actually militant party would be having that fight and using it to undermine the legitimacy of the supreme court, would be packing the court with the pretext that it's obviously a political outfit, etc. Democrats are not that party, they're libs that bank on failure and helping out their capitalist buds.
Not on that premise, but yes they could strike down a federal law protecting abortion access. They don't actually need much of a pretext, the majority decision is often built on blatant lies gussied up with diverting legalese.
An example to look at is the Shelby case, as that's where they dismantled much of the VRA of 1965, a federal law protecting the right to vote "free" from racial discrimination. Their flimsy pretext: well the stuff that was happening in 1965 isn't happening anymore, so we don't need the law, so federalism dictates we let states "regulate" themselves. Racial discrimination in redistricting is still very much a thing, but even if the electoral system wasn't racist, that would also be proof that the law is functioning as intended and completely necessary. The majority understood this. It was presented to them for weeks, smacked in the face with it. They kept their cynical pretext so that their party (GOP) could have more power.
A similar thing could happen with abortion. But that's not a reason to do nothing, which is exactly what Democrats want: "we can't do anything until you vote for us again". An actually militant party would be having that fight and using it to undermine the legitimacy of the supreme court, would be packing the court with the pretext that it's obviously a political outfit, etc. Democrats are not that party, they're libs that bank on failure and helping out their capitalist buds.