Posted on 12/10/2021 2:06:47 PM PST by John W
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.
(Excerpt) Read more at apple.news ...
Constitutionally speaking—
Section 8 of the US Constitution consists of the enumerated powers. The enumerated powers are considered the only powers ceded to congress. All other powers are reserved to..the States.
States legislate and have the power to do so— things like what constitutes murder, and even what constitutes illegal abortion. Not the SCOTUS whose twisted pretzel logic ruling under Blackmon— was a ruling, and is NOT Federal law because it is a ruling on a... case. Roe v. Wade.
And SCOTUS did indeed “rule” on the Tenth Amendment’s extension of Section 8 US Constitution. How silly of Roberts to forget this precedent.
In UNITED STATES vs. SPRAGUE in 1931, the Supreme Court recognized that the Tenth Amendment “was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the federal government were reserved to the States or to the people.”
equal branches of government checking and balancing...
And what will happen then? If Roberts resigns, Biden will appoint his successor...
Case law should serve as an aid to that end but shouldn’t forever bind you to a conclusion.>>>>>>>>
Agreed. Lawyers are nmot needed to read and apply the plain meaning of the constitution.I also would like to add that the enforcement of the Constitution and its defence lies iin the hands of ordinary citizens, not just in the hands of government.
...SCOTUS risks losing its own authority...
IOW, he's worried that the Insurrectionist Left will continue to claim to be the "diverse" yet "unified" arbiters of the law, not SCOTUS. In still other words, he's a tone-deaf jackass. Americans, not leftists, are the only hope SCOTUS has of maintaining Constitutional gov't.
If I understand the U.S. Constitution correctly, then abortion is not mentioned in it. Therefore it is not even a federal matter, but something that would be the business of the state. lacking the state jurisdiction, it then becomes a personal matter. So, as I said “if I understand correctly” why are we getting all gussied up about something that is a personal matter? At that point, if a woman wants an abortion, then it becomes a personal matter to someone, a physician likely, as to whether or not that person wants to perform the abortion. So....whose business is it really?
Someone’s closet must be stacked to the ceiling with skeletons.
The author of that is a flaming liberal. He disapproves of those SCOTUS decisions because he doesn’t like the result.
OOOooh!
Texas replied, "How many divisions does the USSC have?"
Who needs ‘action’ when you’ve got ‘words’?
Remember than little meeting we had on January 6th?
63,000,000+ agree with you.
GOD has 'pictures' of us all.
Today would be a really good time to repent.
DHS and TSA.....enough said. I voted for him twice and am so sorely ashamed that I had to do so for want of a better alternative against the leftists he ran against. Every time I see him now on TV or read about him I just cringe. A closet Kennebunkport leftist in a 10 gallon hat.
Yes, I think time for repentance is getting short for everyone.
Justice John Robeerts realizes that Roe vs Wade is going down and he does not like it. Harry Blackmun was a ‘make it up as you go’ liberal who disregarded the 10th Amendment to ram it through. For almost a half century liberals have hung onto it wrongly. The 10th Amendment was written for a reason and means what it says. Nothing is stopping people in each state from determining what they want to do about abortion when regulation is returned to the states, but that is where it belongs. At any rate, Roberts cannot stop it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.