IOW, Congress needs to do its job of passing laws if it wants this stuff. Not relying on petty-dictator executive orders.
SCOTUS could strike down any rule, but it has to be presented to it. And Alito is basically pointing out that there is unfortunate precedent of Congress making such laws.
Think Roe. As it was, it took 50 years to strike, because it wasn’t really presented properly. A real law unlike these previous rulings and EOs could be harder to strike but still depends mostly on presenting the case.
“Think Roe. As it was, it took 50 years to strike, because it wasn’t really presented properly.”
That wasn’t the problem. The problem was that a majority of the court was only interested in the policy question of whether women should be able to kill their babies. The majority thought that was a great idea.
Until recently, the majority was utterly uninterested in the obvious constitutional defects of Roe and PPH v Casey.