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this post was submitted on 10 Aug 2023
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It's a shame that the SUPREME COURT is the highest court in the land.
That headline is like saying "Well our team scored the most 3-point shots" as if somehow that negates the fact that the final score is what determines who wins a game. People are trying to gloss over the fact that the SC determines the law of the land and they are simply trying to latch onto these smaller (and probably meaningless) victories because if anything gets challenged and ends up in front of the SC, it won't win.
Not at all. The majority opinion in Dodd clearly states that the issue should be decided at the state level, so even if a case somehow did make it to the SC, they would almost certainly decline to hear it since the matter, as far as they're concerned, is already settled. In that event the last ruling stands and cannot be further appealed.
I remember when Roe was "settled law", too. They'll hear whatever they want if it lets them achieve their political goals. Remember that at least one Justice (Thomas?) was on record basically asking for more abortion cases to get to the SC so they could decide on them. He got his wish.
That's how it SHOULD work. But the SC has given up almost every shred of impartiality.
It's a bit odd that there isn't a legal mechanism to force a Supreme Court ruling.
The supreme court doesn't make laws. Congress can protect abortion rights. Obviously elections determine the make up of Congress, but ultimately they determine who is on the supreme court too. If Trump weren't elected, protections provided by RvW would have been secure for decades.
With their overturning Roe, completely ignoring precedent and redefining "standing" to include hypothetical fantasies (ala, the Web 'designer' Lorie Smith who never was asked to create a LGBTQ+ wedding website, but "might have to someday"), they are indeed making laws.
SC determines if a law is constitutional and in today's court, right wing tomfoolery is legal while everything else, no matter how sane and logical, can get struck down.
This was very obvious to many of us years back. As you said, if that clown Trump wasn't elected this would have been all a non-issue for decades.