Mississippi, Kentucky, Georgia, Ohio, Alabama passing 6 week abortion ban bills

She was writing in the minority. Do you know that means the Supreme Court of the US just told her otherwise. By definition it us not flagrant.



Your confused, again. It is the Texas Law that is Flagrantly Unconstitutional, according to Sotomayor; not the majority opinion, which represents inattention to duty with significant repercussions.
 
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"When we go back to Washington, we will be putting Roe v. Wade codification on the floor of the House, to make sure that women everywhere have access to the reproductive health that they need," Pelosi said in a news conference.

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i doubt it's constitutional though
Again. The have the constitutional authority to make such a statute nonreviewable by the court. That's what i doubt they will do. They should!
 
So where does this leave cases where the mother's life will be lost? She dies?

Its remarkable to me really how in a country filled with guns, trained military personnel and a fuckton of mentally ill there are not more directing their anger in a pointy manner. I guess a lot of this is the 'no head in the snake' effect where individuals can't identify a specific ringleader and feel that another would rise anyway.

Nobody likes abortion, until the creation for political partisan creating purposes of the "moral majority' it always seemed a bipartisan enough issue. So they are after sex education in schools next and access to contraception.
 
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It can. Check your constitution under duties of the Court. Little known clause. Never as yet used to my knowledge. The concern would be opening a pandoras box, if the other party should ever gain complete control. This is what Gingrich was ineptly referring to when during the republican primary of years past he said, or they (meaning Congress) can just ignore the Court.

The idea that there are three "co-equal" branches is a Myth. The Constitution clearly put the Congress as the superior body to the other two. (Let's not forget the Founders were appointing the Senate; not electing it!) The reality of the executive and Court seizing so much power has always been because of the Congress' insouciance. Congress has the constitutional power to take control whenever they wish but they are now too divided to do anything so dramatic.

This could be the issue however. As even some Republicans realize it is suicide. The red states are going with a plan designed to appeal to the loonies they need to get their governors nominated to run for President, but it will probably make it impossible in a fair election to win in national politics. They are betting everything on being able to control voting. Which, as of now it seems, the Court is poised to let them do, ever since the Court gutted the voting rights act and gave Corporations and political PACs first Amendment rights.

The Court may have already realized that they have placed at risk their perogative to review legislation without oversight by Congress. That perogative was established with Marbury v Madison. Now they have outraged 70% of the American public by ignoring an absurd and ridiculous Texas Law. This matter is not going away until one side or the other gains a clear victory and the matter is put to rest.

I don't think its any exaggeration to say that the character and nature of the nation going forward rides on what happens here.
Thanks. I am aware of unreviewable regulations/determinations etc. written by agencies; but that's it.

I'm going to look into this today or tonight. But I will ask right now:

What do you think would happen if someone appealed a so-called "unreviewable" statute/law?

What do you think would happen if, in that case, the Appellate/Supreme courts ruled that such statutes/laws are reviewable regardless of Congress's intent?
 
Thanks. I am aware of unreviewable regulations/determinations etc. written by agencies; but that's it.

I'm going to look into this today or tonight. But I will ask right now:

What do you think would happen if someone appealed a so-called "unreviewable" statute/law?

What do you think would happen if, in that case, the Appellate/Supreme courts ruled that such statutes/laws are reviewable regardless of Congress's intent?
Good questions. in the latter case it surely produce a constitutional crisis. In the first instance you mention the only recourse would be to Congress itself, and not through the courts.

We should recall that nothing in the constitution specifically gives the court the power of review.. It is a power seized by the Court in Marbury and never seriously challenged since.

The constitution does however give the Congress very specific power to specify what matters are off limits to the court.
 
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In the first instance you mention the only recourse would be to Congress itself, and not through the courts.
So says Congress; but that directive can't physically stop someone from appealing anyway.
 
Piezoe just made some shit up... and then he realized what he wrote is ridiculous.
He is not a lawyer and gets the law wrong... almost every time he writes about it.


Its obvious to anyone that studies Constitutional law or history... that each branch has its own baliwick... and the interesting thing is that the Sup Court has to rely on different branch to enforce its decisions...

So if Gingrich says Congress can do what it wants... Its because the court can't stop it...

if congress does not listen we have what is frequently called a "constitutional crisis..."

no branch is "superior". It they want to avoid a constitutional crisis they respect each other. If they don't we have a constitutional crisis.
 
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Thanks. I am aware of unreviewable regulations/determinations etc. written by agencies; but that's it.

I'm going to look into this today or tonight. But I will ask right now:

What do you think would happen if someone appealed a so-called "unreviewable" statute/law?

What do you think would happen if, in that case, the Appellate/Supreme courts ruled that such statutes/laws are reviewable regardless of Congress's intent?


Not sure you can say a state law or regulation is unrevieable because many cases go up to the SC that were state laws.. (Loving v. Virginia anyone???). So the Texas law can be appealed to the State Supreme Court and then moved to the U.S. Supreme Court also. Especially if a case is made a state law contradicts directly a SC decision setting a precedent.

SC will never say abortion is illegal because it is not illegal, it is being regulated by the states and SC steps in when regulation goes too far and chills access or freedom unreasonably.

I am not sure where people are reading that congress can pass a law and claim there is no review at all whatsoever? The cfhallenge of unconstitutionailty for laws passed is a really high one at times and SC might defer when it is an issue of elected officials making a policy decision.
 
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