Chief Justice John Roberts warns Supreme Court over Texas abortion law
NBC News via Apple ^ | December 10, 2021 | Rebecca Shabad
The chief justice of the United States, John Roberts, warned Friday that the SCOTUS risks losing its own authority if it allows the existence of a law like Texas’ near-total abortion ban, which attempts to circumvent the courts.
In a strongly worded opinion joined by the high court’s three liberal justices, Roberts wrote that the “clear purpose and actual effect” of the Texas law was “to nullify this Court’s rulings.” That, he said, undermines the Constitution and the fundamental role of the Supreme Court and the court system as a whole.
The opinion was a remarkable plea by the chief justice to his colleagues on the court to resist the efforts by right-wing lawmakers to get around court decisions they dislike, in this case Roe v. Wade, the 1973 decision.
His point to them was that the court system should decide what the law is, and it should resist efforts like that of the Texas Legislature to get around the courts by limiting the ability of abortion providers to sue. It is a basic principle, he wrote, “that the Constitution is the ‘fundamental and paramount law of the nation,’ and ‘[i]t is emphatically the province and duty of the judicial department to say what the law is.’” He cited as proof the landmark 1803 Marbury v. Madison case, which established the principle of judicial review, allowing the court to nullify laws that violate the Constitution.
“If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the Constitution itself becomes a solemn mockery,” he said, quoting the 1809 U.S. v. Peters case, which found that state legislatures can’t overrule federal courts.
https://freerepublic.com/focus/f-news/4020149/posts
Ha! So much for states rights, eh, Brutus Roberts?
Maybe more states will give him a ‘warning’.
I watched the funeral today while doing things.
Some of the speeches were very good, Dole’s daughter,
even Tom Daschle.
I was totally surprised when they were taking the casket out of the cathedral that on the altar appeared Lee Greenwood.
He sang solo, “When you walk through a storm” even did the lark call.
But what really surprised me is after that he sang....
I am proud to be an American.
I cried, have watched that part 4 different times now and I am still crying.
It was like Trump being there for Dole.
Maybe Dole requested it or maybe Elizabeth did.
I thought it was awesome.
It is here at the 2:49:20 mark.
Isn’t it unusual for a Justice to Telegraph prematurely what his opinion would be?
Joined by 3 liberal justices - that’s all we need to know.