(December 21, 2022 at 9:36 am)Jehanne Wrote:(December 21, 2022 at 2:30 am)Thumpalumpacus Wrote: So yes, there are historical examples of states and/or the Federal government itself suppressing individual rights that are technically guaranteed in the Constitution.
Just to be clear, if SCOTUS overturns a law, such a law does not "disappear"; if SCOTUS would reverse itself in the future, that law would automatically "kick in" again. Still, I am trying to find an instance here in the last 50 years where SCOTUS overturned a federal law granting a civil right in favor of a state law that suppressed that right.
This is a distinction without a difference, especially when members of the current court have already made mention of going after Obergefehl. Do you think they'll care whether they're overturning their own case law or an act of Congress?
