“But if it’s affirmed at SCOTUS, that’s that.”
The final word is the people.... Wish those companies luck on keeping their employees.
Sure. If you want to have a constitutional convention or pass an amendment through Congress and have it ratified by he state legislatures. It shouldn’t be so hard to overrule SCOTUS. But right now it is. That itself should be changed, and a bad ruling should be appealable to a simple majority of states or Congress.
But right now it isn’t so. As a result, some factions will go to ridiculous lengths to preserve a ruling, up to and including reanimating RBG as a cyborg.
It can’t go on like this. Due to the Dredd Scott decision, the only way to get rid of slavery was by constitutional amendment, and it took a civil war and an assassination to get one.
So a modest proposal: A ruling by SCOTUS, while binding on the litigants involved, should be rejected as precedent any time that a simple majority of both Houses or the legislatures of a simple majority of states should reject it explicitly.