Originally Posted by
Anti Federalist
If I'm not mistaken, all they did is remove a bad ruling based on bad legal reasoning for bad political purposes and returning the entire situation back to status quo ante.
What legal basis would the court use to overturn such a law or executive order?
I'm asking because you practice law, if there is some legal reasoning that would prohibit that, then it could be applied to all manners of fatwas that the feds impose on the states through the threat of withholding federal funds?
If there is not, then what would prevent the feds from doing something like that?
Or even worse, setting up "abortion camps" on federal land within anti states?
Congress has the power of the purse, not the president. Biden would need to reinterpret some already existing law, like he's doing with title-9 for trans athletes, to do that. The title-9 action by Biden for trans-athletes falls in line with SCOTUS reinterpreting "sex" to include "sexual orientation."
Oh...and looking back in the vote on that ridiculous opinion, I'm again shocked that Roe v Wade was overturned.
https://www.ncfamily.org/scotus-rede...nder-identity/
In a surprise to many, Justice Neil Gorsuch authored the majority opinion in Bostock and was joined by Chief Justice Roberts along with Justices Ginsburg, Breyer, Sotomayor, and Kagan. Justice Alito wrote a scathing rebuke of the majority opinion in a dissent and was joined by Justice Thomas. Justice Kavanaugh wrote a separate dissent.
Were Gorsuch and Roberts playing that infamous "4D chess" we kept hearing about? Throw the liberals one more bone so that Trump would get a chance to replace Ginsburg and get a 6-3 conservative majority? If that's the case (and....I think it might be), then this is simple math. They've got their 6-3 majority, they've got lifetime appointments, Biden's not going to get a change to make another appointment before he leaves office at the end of 2024, and they're going to do whatever the hell they want.
But back to the legal analysis. You've got a better chance at an all transwoman Olympic team in 2024 than you have Biden reinstating Roe via executive order. Seriously, beating Biden's title 9 order would mean getting Gorsuch to overturn Gorsuch. Judges are some vain mamma jammas. They'll overturn 200 years of precedence before they go against their own rulings.
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