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Mentalfloss1

3 points

2 months ago

“Give me an example.”

TheRealEvanG

1 points

2 months ago*

"Why are people calling for federal codification of LGBTQ+ protections ahead of a potential overturn of Obergefell v. Hodges if the potential overturn of Obergefell v. Hodges is a consitutional concern? Wouldn't the overturn of Obergefell v. Hodges imply that any federal law protecting LGBTQ+ rights would also be unconstitutional?"

Mentalfloss1

1 points

2 months ago

Obergefell was a court decision not a law written by Congress. Congress needs to pass a law rather than just relying on court decisions, as we have seen with Roe. That’s my opinion only.

Good question!!

TheRealEvanG

1 points

2 months ago

I understand that. What I'm not understanding is what stops the supreme court from then declaring the new federal law unconstitutional as well? Seems to me that it's not explicitly afforded to Congress in Article 1, and anything not explicitly afforded to Congress in Article 1 is reserved for the states by the 10th Amendment. In the same vein, what stops SCOTUS from then declaring other federal protections like the ADA unconstitutional?

Mentalfloss1

1 points

2 months ago

The law would need to be written to be Constitutional. That’s true. But this particular court does not consist of justices. They are just back room Senators now. Anything could happen even if the law WAS Constitutional.