To: T.B. Yoits; All
So... the Louisiana Judiciary is going to claim rights that the Supreme Court found belongs in the Legislature?
I would guess that 50 state judiciaries can now potentially do that. If the matter was returned to the states, it was returned to the jurisdictions of each state's individual government and constitution. Each state having its own Executive, Legislative, and Judicial branches functioning in similar roles to how the federal branches work.
Therefore, a state legislative body could pass a law and a state judiciary branch could declare that law unconstitutional (applying their state constitution). I'd guess the state's executive branch (governor) could selectively determine how little or much he's going to enforce the law as well.
I don't know for sure, so I'm just spit-balling here. I'd guess that the fed judiciary sort of removed themselves from the argument. However, the states are free to argue the matter til the cows come home.
You could theoretically end up with 50 individual "Roe v Wades". That's why, to me, the overturning of Roe v Wade is a victory for federalism, but not quite such a slam-dunk victory over abortion. That's why I feel like the other side is extremely ticked off without realizing that they've got some power here as well.
Can anybody educate me better on where I might be wrong about that? I'm not an expert and I'm fine with being corrected here.
To: mmichaels1970
“ That’s why, to me, the overturning of Roe v Wade is a victory for federalism”
Maybe it will lead to young people in the USA learning what it means to be a republic. The left, while in power, wants a pure democracy. …. Impeach a Republican President on ridiculous grounds as many times as they feel
like it or two foxes and one chicken voting on what is for lunch. Pure democracy has zero protection for minorities of any type.
To quote one of our founders. “A republic is we can keep it”.
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