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Tue Aug 2, 2022, 11:25 PM

can a us suprime court desision be reversed? , yes , no. thanks

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Reply can a us suprime court desision be reversed? , yes , no. thanks (Original post)
AllaN01Bear Aug 2 OP
prodigitalson Aug 2 #1
Wounded Bear Aug 2 #2
Hugin Aug 2 #3
Haggard Celine Aug 2 #4
Stallion Aug 2 #5
RussBLib Aug 3 #17
Clearheadsam Aug 3 #6
Polybius Aug 3 #9
Silent3 Aug 3 #7
Polybius Aug 3 #8
In It to Win It Aug 3 #11
Polybius Aug 3 #12
In It to Win It Aug 3 #13
Polybius Aug 3 #14
In It to Win It Aug 3 #15
Polybius Aug 3 #16
In It to Win It Aug 3 #10

Response to AllaN01Bear (Original post)

Tue Aug 2, 2022, 11:26 PM

1. they reversed Roe nt

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Response to AllaN01Bear (Original post)

Tue Aug 2, 2022, 11:27 PM

2. Yes, what they did was a reversal...

It hasn't happened often, and usually it goes the other way, like when they killed Plessy v Ferguson.

I think this is the first time they overturned a decision that took away people's rights.

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Response to AllaN01Bear (Original post)

Tue Aug 2, 2022, 11:27 PM

3. I don't see why not...

The 6 reversed it in the first place.

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Response to AllaN01Bear (Original post)

Tue Aug 2, 2022, 11:36 PM

4. The Supreme Court can overturn many decisions.

They've done it in lots of cases. And a future Court can overturn the decision that overturned Roe. That gives us some hope. I don't know how they'll decide if different states pass referendums on abortion. I don't think they care much for democracy, so they might strike down those laws, too. A Court expansion is in order.

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Response to AllaN01Bear (Original post)

Tue Aug 2, 2022, 11:49 PM

5. Its Going to Take Decade(s) to Change Composition of the Supreme Court

...but now we need to at least focus on the states in the meantime

Elections have consequences-even if minority elected Presidents

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Response to Stallion (Reply #5)

Wed Aug 3, 2022, 12:00 PM

17. Unless...

....some justices meet an untimely demise.

Just sayin'

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Response to AllaN01Bear (Original post)

Wed Aug 3, 2022, 12:00 AM

6. Yes

If Congress makes it the law of the land. If it passes in House and Senate you need 6O votes.

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Response to Clearheadsam (Reply #6)

Wed Aug 3, 2022, 01:26 AM

9. No

That could be struck down too. To truly change it, you need 67 votes and 3/4ths of the states to overturn it and put it in the Constitution.

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Response to AllaN01Bear (Original post)

Wed Aug 3, 2022, 12:12 AM

7. They can't overturn a decision whenever they want to.

There has to be a case put before the SCOTUS that can trigger a reversal.

No doubt, if and when liberals regain a majority in the SCOTUS, a case or many cases will suddenly be created.

While the SCOTUS is normally reluctant to overturn precedent, especially if creating a radical reversal, I would hope the liberals on the court will be forceful enough to be just as sweeping and unconstrained with their own reversal of the reversal of Rowe v. Wade, and perhaps some other decisions as well on voting rights, gun laws, etc.

It's not going to happen anytime soon, however, unless we eliminate the filibuster and pack the court. While I dearly hope for that, I'm not holding my breath.

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Response to AllaN01Bear (Original post)

Wed Aug 3, 2022, 01:25 AM

8. Only two ways

1) The Supreme Court itself reverses its decision, which usually takes at least 20 years.

2) A Constitutional Amendment.

3) A Constitutional Convention.

Take your pick. It won't be 2 or 3.

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Response to Polybius (Reply #8)

Wed Aug 3, 2022, 01:34 AM

11. Congress

can overrule a decision of statutory interpretation.

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Response to In It to Win It (Reply #11)

Wed Aug 3, 2022, 03:06 AM

12. No they can't

Can't overrule the SC unless its an amendment. We're stuck with this for a long time.

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Response to Polybius (Reply #12)

Wed Aug 3, 2022, 08:25 AM

13. They can

If the Supreme Court interprets a statute in a way that Congress disagrees with, Congress pass legislation correcting that interpretation.

For example, in West Virginia v EPA, the question wasnít one of constitutionality, the Supreme Court says the EPA didnít have a certain power to make a rule under the Clean Air Act. Congress can pass a law saying EPA does have that power, effectively overruling the Supreme Court. Disputes of interpretation can be overruled with new legislation, but disputes of constitutionality cannot.

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Response to In It to Win It (Reply #13)

Wed Aug 3, 2022, 11:52 AM

14. Yeah that would work

I misunderstood, I was thinking of something like Citizens United. That one needs a Constitutional Amendment.

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Response to Polybius (Reply #14)

Wed Aug 3, 2022, 11:56 AM

15. Yes

That would required a constitutional amendment or the Court reversing itself, which that possibility seems years away.

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Response to In It to Win It (Reply #15)

Wed Aug 3, 2022, 11:58 AM

16. Yeah, that one we're stuck with for a while

It was 5-4 but now it would probably be 6-3.

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Response to AllaN01Bear (Original post)

Wed Aug 3, 2022, 01:31 AM

10. Yes, but that depends on the decision

Congress can introduce legislation that overrules the Supreme Court when it comes a dispute of statutory interpretation for example.

Obviously, the Supreme Court can overrule it's own decisions.

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