Comment by slowmovintarget | Hacker News Reader

Comment by slowmovintarget | Hacker News Reader

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slowmovintarget

This is also why the Democrats, when they get a majority, never bother to make a law ensuring the legality of the procedure or defining its limits.

It is too valuable to Left to fix, though the Right seems perfectly content to go forward and act. The Right isn't merely agitating, they're trying for policy. The Left aims for outrage and political energy.

"Clearly we have to pack the court!" No. Clearly you have to pass a law. Understandably, that's much harder, because you must actually engage the electorate and build consensus instead of passing the buck to judges to "detect" what the people want, or slant things in your favor by ignoring (or selectively upholding) the Constitution.

> "Clearly we have to pack the court!" No. Clearly you have to pass a law.

The reason people are suggesting packing the court is because there is a belief that a 6/3 SCOTUS can simply undo any laws you put in place. The irony here is that Roe v Wade is a perfect example of the court doing just that.

The way we have 9 rulers who are picked by whatever party happened to be lucky enough to have someone die is an absolutely stupid system. I hope every majority congress packs until the court is thousands of justices.

Overturning Roe v. Wade doesn't undo a law. The problem is there's no law in the first place. It overturns a precedent. It's the judicial branch's equivalent of countermanding an Executive Order with a new Executive Order.

If it were a law, it'd never get to the courts in the first place.

The original RvW did overturn a law -- Texas state law.

It absolutely would go to the courts. In the same way Obamacare went to the courts.

SCOTUS makes rulings on the constitutionality of laws written by both state and federal governments. If SCOTUS, for example, wants to argue a person is a fetus therefore deserves all the protections and rights ingrained in the constitution, they could easily dismiss a federal bill on abortion.

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