General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThis sounds crazy but can someone sue SCOTUS?
The first amendment separate Church and State so one religion isn't forced on another. There are some regions in our country approve of abortion. Can we sue SCOTUS for violation of the first amendment? Or the the 11th amendment?
Is the only recourse Congress passing a bill?
Emile
(22,705 posts)would have any chance of winning.
bucolic_frolic
(43,146 posts)The path forward is to not let the anger abate one iota. We do not accept this. We need to VOTE.
I think we need to overturn Marbury v. Madison which gave SCOTUS the right to rule on everything. I'm not a lawyer, I don't know how you do that. But they are no longer a co-equal branch of government. They are a hijacked cabal of traitors to the Constitution, which they have effectively negated.
sir pball
(4,741 posts)Even Congress passing a bill is meaningless. SCOTUS can simply overturn it - and nakedly say "we have no actual legal basis for this, we just don't like this bill" and there's precisely fuck all anyone, Congress, the DOJ, the President, $DEITY themself, can do about it.
It's a fatal flaw in our system, that relied on a level of common decency to not be exploited. But then a group with no decency got hold of it. Sorry, but unless Dems manage to gain enough of a majority to successfully impeach, convict and remove Alito, Thomas, Gorsuch, Kavanaugh, and Barrett
we're fucked.
Ocelot II
(115,683 posts)DetroitLegalBeagle
(1,923 posts)The only way forward is either Congress passing a law to protect abortion rights(which could still fail if challenged and the court decides to throw it out on 10th amendment grounds).
Or pass a Constitutional Amendment(extremely difficult and essentially impossible).
Or take another case through the system saying abortion rights is protected based on something other then the due process clause in the 14th amendment(maybe the 13th amendment). If you structure the argument around something the conservative Justices like, or put it in a way that a positive ruling on abortion could also have other effects they would like or be the basis for future changes they would like, then there would be a real chance of them going for it.
Or impeach Justices or expand the court and bring a new case forward again.