05-12-2022, 10:14 AM
I agree with that Breitbart article about the reason for Garland's not enforcing this law is because he's pro-abortion. But I don't agree with the reasoning in the part I quoted.
If a law is unconstitutional, then Garland is obligated not to enforce it. It isn't to wait until the Court decides on the law's constitutionality, and then if the Court decides to lie and call an unconstitutional law constitutional just go on and keep enforcing an unconstitutional law, which he vowed not to do in his oath of office.
This passing of the buck is typical in both the executive and legislative branches. By the reasoning of the article, legislators are also well within their rights to pass unconstitutional laws and then have the executive branch enforce those laws until they eventually get challenged in court and ruled unconstitutional (or, as often happens, ruled constitutional even if they aren't). I have heard supposedly conservative legislators use this exact line of argument to defend their refusals to promise not to vote for unconstitutional laws.
If the article were right about this reasoning, then there really would be no point in having all members of the legislative and executive branches vow to uphold the Constitution.
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