RE: Why Trump will win in 2024.
December 21, 2022 at 1:44 pm
(This post was last modified: December 21, 2022 at 1:45 pm by Jehanne.)
(December 21, 2022 at 10:01 am)Thumpalumpacus Wrote:(December 21, 2022 at 9:36 am)Jehanne Wrote: 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?
Excellent example! If SCOTUS overturns Obergefell, the Respect for Marriage Act would still be the Law of the Land, and, so, some state (say, Arkansas) would need to challenge that. And, what would that say about federal powers? Basically, SCOTUS would be pushing United States case law back to antebellum America, where states were sovereign in their domains.