I wish I could say that the SCOTUS ruling is unconstitutional. It violates Article IV Section 4:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
The people's representatives wrote the law one way; SCOTUS changed it to be something else.
We are no longer in a Republican form of government. What do we do when SCOTUS itself becomes unconstitutional?
-PJ
Amendment 28 allows for the States to void and repeal SCOTUS rulings. In essence, they can ignore such rulings but they must come together and register their declarations to do so, and there must be 30 of them to have force. The number ‘30’ comes from Mark Levin and all the fine constitutional scholars and notables that he has dialog with. It’s not ‘pulled out of the air’.
From Scalia’s dissenting opinion...
The Court’s decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people’s decision to give Congress “[a]ll legislative Powers” enumerated in the Constitution. Art. I, §1. They made Congress, not this Court, responsible for both making laws and mending them. This Court holds only the judicial power—the power to pronounce the law as Congress has enacted it. We lack the prerogative to repair laws that do not work out in practice, just as the people lack the ability to throw us out of office if they dislike the solutions we concoct. We must always remember, therefore, that “[o]ur task is to apply the text, not to improve upon it.”