Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

General Discussion

FBaggins

(28,713 posts)

24. I think you're right, but it would still be a bigger challenge than just Dobbs

Reply to In It to Win It (Reply #17)

Wed Jul 20, 2022, 01:35 PM

Jul 2022

Doobs rested in part on rethinking substantive due process decisions - which is why (regardless of what Alito said in the ruling) some of these other decisions are back on the discussion table.

But ruling that the constitution doesn't give congress the power to recognize gay marriage? Unless congress was really sloppy in how they wrote that bill, it would require undermining much of what congress has done to expand its powers through the commerce clause.

I'm not saying that there aren't some who would love to see that clawed back... but a huge portion of existing federal law would be called into question if they did that. Not just a few hot-button social issues.

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

27 replies

= new reply since forum marked as read

Highlight:

Can something that is codified still be struck down by the Supreme Court? [View all] Herx Jul 2022 OP

I am no expert, but the SCOTUS invalidates laws all the time as I understand it rurallib Jul 2022 #1

Codification does not prevent... kirby Jul 2022 #2

Please see Post 18. DemocratSinceBirth Jul 2022 #19

Theoretically they could but in the real world likely not. DemocratSinceBirth Jul 2022 #3

Yeah but DLCWIdem Jul 2022 #6

In other words, as long as Clarence Thomas respects what's custom Herx Jul 2022 #12

Congress Can Pass A Law Restricting SCOTUS's Jurisdiction. DemocratSinceBirth Jul 2022 #18

That could be one option... kirby Jul 2022 #20

Congress invalidates executive and legislative decisions "all the time". DemocratSinceBirth Jul 2022 #23

Absolutely, happens all the time relayerbob Jul 2022 #4

Yep. They can strike down, invalidate, rule unconstitutional any law they like. RockRaven Jul 2022 #5

Yes, and trust me they have only started. onecaliberal Jul 2022 #7

Yea, they can strike down a passed law. DetroitLegalBeagle Jul 2022 #8

Yes. Legislation codifying same-sex marriage can be struck down by the court, assuming In It to Win It Jul 2022 #9

Not a lawyer but it appears it doesn't - the following might help walkingman Jul 2022 #10

That's a difficult question. MineralMan Jul 2022 #11

Yes - but that would be a very different decision than the current debate FBaggins Jul 2022 #13

Good Points, Sir The Magistrate Jul 2022 #15

I think In It to Win It Jul 2022 #17

I think you're right, but it would still be a bigger challenge than just Dobbs FBaggins Jul 2022 #24

I've been thinking that's their goal In It to Win It Jul 2022 #26

SC reform duckworth969 Jul 2022 #14

Well we need to elect more Democrats in 2022 if we want to reform the SC. emulatorloo Jul 2022 #22

Five people. Patterson Jul 2022 #27

Didn't seem to matter with voting rights. al_liberal Jul 2022 #16

Of course. They overturn laws all the time. But it is still worth passing the law. emulatorloo Jul 2022 #21

SCOTUS is the last appeal if one challenges the validity a law. discntnt_irny_srcsm Jul 2022 #25