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PA_jen

(1,114 posts)
Sat Jun 25, 2022, 09:17 AM Jun 2022

This sounds crazy but can someone sue SCOTUS?

The first amendment separate Church and State so one religion isn't forced on another. There are some regions in our country approve of abortion. Can we sue SCOTUS for violation of the first amendment? Or the the 11th amendment?

Is the only recourse Congress passing a bill?

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This sounds crazy but can someone sue SCOTUS? (Original Post) PA_jen Jun 2022 OP
Probably at the present time in history only republicans Emile Jun 2022 #1
Since SCOTUS would ultimately rule on any suit, you would need their permission essentially bucolic_frolic Jun 2022 #2
No. SCOTUS is the final, absolute and unquestionable authority of American law. sir pball Jun 2022 #3
No. Ocelot II Jun 2022 #4
Nope DetroitLegalBeagle Jun 2022 #5

bucolic_frolic

(43,128 posts)
2. Since SCOTUS would ultimately rule on any suit, you would need their permission essentially
Sat Jun 25, 2022, 09:21 AM
Jun 2022

The path forward is to not let the anger abate one iota. We do not accept this. We need to VOTE.

I think we need to overturn Marbury v. Madison which gave SCOTUS the right to rule on everything. I'm not a lawyer, I don't know how you do that. But they are no longer a co-equal branch of government. They are a hijacked cabal of traitors to the Constitution, which they have effectively negated.

sir pball

(4,741 posts)
3. No. SCOTUS is the final, absolute and unquestionable authority of American law.
Sat Jun 25, 2022, 09:24 AM
Jun 2022

Even Congress passing a bill is meaningless. SCOTUS can simply overturn it - and nakedly say "we have no actual legal basis for this, we just don't like this bill" – and there's precisely fuck all anyone, Congress, the DOJ, the President, $DEITY themself, can do about it.

It's a fatal flaw in our system, that relied on a level of common decency to not be exploited. But then a group with no decency got hold of it. Sorry, but unless Dems manage to gain enough of a majority to successfully impeach, convict and remove Alito, Thomas, Gorsuch, Kavanaugh, and Barrett…we're fucked.

DetroitLegalBeagle

(1,922 posts)
5. Nope
Sat Jun 25, 2022, 10:33 AM
Jun 2022

The only way forward is either Congress passing a law to protect abortion rights(which could still fail if challenged and the court decides to throw it out on 10th amendment grounds).

Or pass a Constitutional Amendment(extremely difficult and essentially impossible).

Or take another case through the system saying abortion rights is protected based on something other then the due process clause in the 14th amendment(maybe the 13th amendment). If you structure the argument around something the conservative Justices like, or put it in a way that a positive ruling on abortion could also have other effects they would like or be the basis for future changes they would like, then there would be a real chance of them going for it.

Or impeach Justices or expand the court and bring a new case forward again.

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