Why Trump will win in 2024.

[Jehanne]

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 that will certainly happen. Many states, my own included, have essentially outlawed abortion rights, and they will not back down.

 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.

They are going to o that if they can. That is their political outlook, after all. "States' Rights" may not be about slavery any more, but with SCOTUS being held by hardline conservatives with a stated desire to revisit that case, what makes you think they won't entertain, nay, embrace, a states' rights argument? That is, after all, their touchstone a small Federal Government.

I wish I shared your optimism, but I don't.

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??

Congress doesn't have the authority to regulate internal state matters except on federal land inside those states. The Congress may regulate interstate affairs, hence the establishment of the FCC or the FAA.

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.

You may be right. It not only takes them off the hook on this issue, it gives them another cause for fundraising and a continuation of conservative Christian support bases. That doesn't mean the conservatives on SCOTUS, who don't have to run for reelection, will care.

Amazing response!! Thank you!!!

I am going to continue to search, but, if SCOTUS overturns an individual right granted by federal law in deference to a state law that denies that right, then, new legal ground will be forged, to be sure. Maybe another constitutional amendment following in the footsteps of the 14th will ensue. In any case, I think that SCOTUS has become too powerful, when they can ignore clear precedent in restricting individual human beings private choices.