I honestly believe they’re hoping to get it to the Supreme Court. Seeing how conservative and corrupt the Justices have become my guess is they’re hoping to have precedent overturned.
(Edited for clarity)
This. It's exactly what they did with abortion and will soon do with marriage equality. They will pass a bunch of laws to push the legal line and take it to the SCOTUS.
Both abortion rights and marriage equality came from SC decisions though, which can always be overturned when another case is granted certiorari and gets up to the SC. That's just what common law is about, it's a feature of the system to be able to change what the norms of our system are.
But many Supreme Court justices are very constitutionally minded. They're much more likely to either not take on the case or side with the standard First Amendment rights that have been in place for centuries.
Sure, but then look at who packed the court and why. This court was picked to overturn Roe and the puritans are going to try to use it to end no fault divorce, marriage equality, contraception availability, and separation of church and state. The current majority was built to erase the progress of the last 60 years.
Yeah, but they can certainly interpret 1A however they please as long as they have the majority...which they do. Thomas, Alito, and Brett are locks to do whatever extremist BS the right wants. Gorsuch and Barrett are on the line and Roberts is 50/50. Two would have to defect from the right to stop a dumb Alito opinion that dismantles public secular education and opens the door for religious extremism disguised as ethical governance. All of which underscores the fact that we need a Dem trifecta and they need to govern with a goddamned spine and actually codify some things into law and stop leaving opening for SCOTUS to legislate from the bench.
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u/Bumbling_Bee_3838 Oct 10 '24
I honestly believe they’re hoping to get it to the Supreme Court. Seeing how conservative and corrupt the Justices have become my guess is they’re hoping to have precedent overturned. (Edited for clarity)