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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsYes, Congress could pass a federal law that supersedes a Supreme Court ruling
https://www.verifythis.com/article/news/verify/government-verify/roe-wade-congress-law-supreme-court-ruling/536-3abc50e5-64a7-4a1a-b524-24f5a232b561?fbclid=IwAR2Csw7MvbRCID_0TVmUqF5hFu7Fv3yDpziK3x-fz7dT6_3ju4hVWYUGZWsHowever, and this is a big however, SCOTUS could then deem the new abortion law unconstitutional in a future case, Burgat wrote. A federal law is the best, most legitimate means of codifying the principles of Roe v Wade. It's not bullet-proof because a future Supreme Court case can render the new law unconstitutional, but it's by far the most feasible strategy to make abortion legal in all U.S. states.
Lawmakers introduced legislation last year that would codify Roe v. Wade, but, so far, it has failed to become law. The Womens Health Protection Act of 2021 was first introduced in the House in June 2021. In September 2021, the bill was passed in the House 218-211. On Feb. 28, the Senate voted against bringing the bill to the floor.
Doron Kalir, clinical professor of law at Cleveland-Marshall College of Law, said if the Womens Health Protection Act was passed in the Senate and signed into law by President Joe Biden, it would likely be contested in lower courts im
Frasier Balzov
(2,646 posts)1. The Supreme Court declined to grant universal suffrage for women.
2. A federal statute was deemed ineffective to overcome Constitutional challenges.
regnaD kciN
(26,044 posts)...because, if a federal statute had been enacted instead, the current SCOTUS would probably have voided it.
liberalla
(9,243 posts)kelly1mm
(4,733 posts)to give a Republican Congress the power to override USSC rulings?
AlexSFCA
(6,137 posts)they are waiting for a case that would challenge a law in blue state that permits and protects abortion practice on 5th amendment grounds as in violation of fetal personhood.
frogmarch
(12,153 posts)even if Congress codifies Roe v. Wade, the law could be contested in the lower courts and soon be back with the Supreme Court. If they overturn the law, according to the 9th Amendment each state can create its own abortion laws, like now. But the Supremacy Clause of Article III of the Constitution says that under certain circumstances the Supreme Court can overrule decisions by state courts. So, what it boils down to is that We the People are screwn.