(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
‘But it does me no injury for my neighbour to say there are twenty gods or no gods. It neither picks my pocket nor breaks my leg.’ - Thomas Jefferson
