https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf

  • crime [she/her, any]
    hexbear
    103
    2 years ago

    Yes. Also they've had literal decades to codify abortion rights into federal law, including the last two years with Biden + dem house + dem senate, and including the years under Obama when the dems had a fillibuster-proof supermajority in the senate as well as control of the house

    • cawsby [he/him]
      hexbear
      46
      2 years ago

      Nothing less than a reproductive rights amendment would secure abortion rights as the US Senate will only become increasingly undemocratic in the future.

      Since the undemocratic Senate votes on SCOTUS and federal judges any form of legislative rights for abortion can be taken away now. There is no codifying abortion nationally after Roe is overturned. SCOTUS can just make a new ruling making any codified abortion rights unconstitutional. Only a constitutional amendment will stop this SCOTUS.

      • SerLava [he/him]
        hexbear
        38
        edit-2
        2 years ago

        The constitution allows Congress to strip any federal court of jurisdiction over a law. They just haven't used this because they love institutions. They need to use this.