Can scotus decisions be declared unconstitutional?

[chrisstopher]

Seeing as how it was so obviously based on religion?

[shenmue]

1. Well, they can be overturned by a future SC

Can't they?

[Uncle Joe]

2. Yes they can. n/t

[SoCalDem]

6. not likely...unless aliens abduct 5 of them..

[Uncle Joe]

9. Or Democratic Administrations remain in power and replace the SCROTUS section of the SCOTUS.

[dgibby]

18. I thought those 5 WERE aliens! n/t

[PoliticAverse]

4. This one can be fixed by an act of Congress, since a law passed by Congress

(The Religious Freedom Restoration Act) was the basis of the decision.

[shenmue]

8. So I don't have to start drinking yet?

[PoliticAverse]

10. Just don't hold your breath waiting for Congress to fix this. n/t

[amandabeech]

7. Yes, a future SC could overturn today's decision.

The Supreme Court is reluctant to do so, however. The Court could also chip away at it by distinguishing similar cases from Hobby Lobby as presenting somewhat different circumstances, just as they've chipped away at Roe v. Wade, for instance.

It would be unlikely that this Court would do anything with Hobby Lobby, though. It would more likely happen over the course of at least 10-20 years and a different group of justices.

[MohRokTah]

3. A future court could overturn.

Highly unlikely, though.

This is the law of the land until the RFRA is altered or a conservative judge or two leaves the court for whatever reason and the liberals decide to be as activist as the Roberts Court has been.

Again, highly unlikely.

[quinnox]

5. Yea, that is what's interesting about the Supreme Court

Future courts can overturn decisions. In other words, they recognize that they are not infallible "law-givers".

[davidn3600]

11. No, because the Supreme Court doesn't create law...they interpret it

The Supreme Court even mentioned in the decision that there are ways congress can provide the contraception. The court's problem is the government forcing a private corporation to provide it.

If the Congress votes to provide it...that's constitutional.

This is why single payer should have been the goal in 2009 instead of this ACA which maintains the employer-driven health system.

[Benton D Struckcheon]

14. Which is why they left out blood transfusions, right?

These guys are so transparent in their brutality that I wonder who they think they're fooling.

[Baitball Blogger]

13. On a 5-4 decision it can and probably will be revisted with another case.

[steve2470]

15. a Constitutional Amendment can render invalid a SCOTUS decision.....

just as the 13th and 14th Amendments to the Constitution made invalid the infamous Dred Scott decision .

[stevenleser]

17. That is the correct answer. nt

[Gothmog]

16. We need to change the court

Scalia has been senile for a while and Kennedy should retire soon. I am worried about Ginsberg. Hillary Clinton needs to win 2016 if we do not want to see Roe. v. Wade overturned

[chrisstopher]

19. Well, she's certainly got my vote

[badtoworse]

20. The short answer is no. A future SCOTUS might overturn the decision, but that does not happen often

[PoliticAverse]

21. And in this case Congress can just amend the law that was the basis of the Court's decision.

No Supreme Court reversal is necessary.