(December 21, 2022 at 3:54 pm)Jehanne Wrote: I am still searching for a modern-day example (say, last 50 years) when SCOTUS has overturned a federal right in favor of a state law denying that right. I can't find any examples. I am not saying that it is impossible, but, if Roe v. Wade is codified into federal law as a federal civil right, I do not see how SCOTUS could declare such a law as being unconstitutional and/or an infringement on state rights. With respect to an individual, how could a state deny an individual right which the United States government, a sovereign power, has granted to that person??
As for Trump, I think that he and his Republican cronies (and, adversaries, too!) would breathe a quite sigh of relief if Roe v. Wade was codified into federal law.
As I understand, SCOTUS is the final arbiter of what is or is not constitutional. Remember - every single one of Trump’s appointees to the Court said that Roe v Wade was ‘settled law.’
The current court doesn’t give a fig for precedent, that much is plain. Simply because a law is federal doesn’t protect it from being overturned.
Boru
‘I can’t be having with this.’ - Esmeralda Weatherwax
