General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAssuming the worst and Barrett gets on the Court and destroys
a woman's right to an abortion and kills the ACA, can we, If we take the WH and Senate legislate that abortions are legal and reinstate the ACA? Your thoughts please
Stinky The Clown
(67,776 posts)brush
(53,758 posts)on a new bill if we have the Senate.
beachbumbob
(9,263 posts)SC rules it unconstitutional. Rinse, repeat.
MuseRider
(34,103 posts)Kansas, our Supreme Court says that even if the Federal Government drops Roe v Wade our state still holds it as a right. Now I think I read at one time (I have not read much about it for a while because there is so damned much and it makes me almost non-functional to think about this) that what they would do is over ride the states that have that.
If they don't make that impossible (State rights? Will they care about that now?) then there will be some time and need to help women get to places where they can have them done safely.
I do not know what they can do otherwise that will not be easy to be taken down with this mix of the SCOTUS.
NameAlreadyTaken
(977 posts)2000 election from Florida into a federal court. So I doubt they care about state's rights now - unless it becomes convenient and useful for them to.
lastlib
(23,191 posts)to be used as a bludgeon whenever it serves their purpose. For them, the principle at issue here is unadulterated power.
Cicada
(4,533 posts)The subject jurisdiction of the Supreme Court can be limited. Im not sure that would be a good idea. A law could be passed providing free transportation to a medical facility performing abortions.
vsrazdem
(2,177 posts)Feinstein is requesting, the she should be impeached and we can place a new justice on the court.
Cicada
(4,533 posts)Medicare is constitutional so it can be expanded. Premiums are already based on income. So premiums can be based on income. Conservatives may regret that they killed off ACA because its replacement may eliminate private insurance companies.
Ligyron
(7,622 posts)I think not.
Of course, nothing involving religion is ever very logical.
The Velveteen Ocelot
(115,656 posts)(with some limitations), and that states can't pass laws prohibiting them or restricting them to a greater extent than the court's holding allows. If Roe is overturned, the result will be that some states will prohibit abortions and others will not. Some states could even amend their constitutions to provide for the right to an abortion consistent with what Roe had held. I doubt very much that federal legislation could resolve the issue for other constitutional reasons. As to the ACA, if the court strikes it down, what might be done about it will depend on the reasons for the decision. Congress would have to craft a bill that would avoid whatever constitutional problems the court identified.
gratuitous
(82,849 posts)Then the legal concept of stare decisis can be disposed of entirely, and the law will say whatever a majority on the Supreme Court at any given time says it is. It's not a recipe for stable governance, that's for sure. If the Supreme Court says people in police custody must be informed of their rights before the cops can start questioning them, then that's fine for as long as the Court majority says it is. But if a subsequent Supreme Court says that potential criminal defendants aren't entitled to representation by an attorney, and the police aren't bound to tell them that they're entitled to representation, then the cops can again launch vendettas on people they don't like without constraint of any kind. It will be up to a future Supreme Court to rule again that the Fifth Amendment really means what it says.
Your life expectancy may hinge on who's on the Supreme Court at any particular time in your life.
Bayard
(22,035 posts)She's obviously biased and incompetent.
Demsrule86
(68,539 posts)We can.
Awsi Dooger
(14,565 posts)It's the same as ounce of prevention and pound of cure. It's going to be markedly more difficult to reinstate some version of the Affordable Care Act, than it was to keep it intact.
Republicans are increasingly proficient and ruthless. They may have tactics were haven't contemplated at all, to make sure it doesn't happen
I_UndergroundPanther
(12,462 posts)Until it becomes impossible for republicans to get elected. They need utter ruin because I don't think the founders had any tolerance for traitors and the stuff republicans believe is traitorus.