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Reply to "Roe v Wade struck down"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]If SCOTUS has already sent it back to the States there's nothing Harris can do. It's at the state level now. [/quote] For the millionth time That’s not what the SCOTUS decision was! It said that it is not up to the courts to make these decisions, but the people which means Congress needs to make the law. It was interpreted as “going to the states” ie. state legislatures, because US Congress is so dysfunctional.[/quote] Yes, SCOTUS said that it was not in the purview of the judicial branch of the government to set rules that governed. The judicial branch can only interpret laws that are written and there is no law written that restricts the decision of states to allow or disallow abortion. So, abortion restrictions or freedom needs to be legislated through Congress and signed into law by the President. By the system of checks and balances, the judiciary has no power to control the actions and Roe v Wade was not correctly ruled based on this. Not based on the merits. Not based on the whether it was federal vs state, but based on the action being outside of judicial purview. The SCOTUS ruled that for the federal government to implement the control that it did, it would require legislators in both houses of Congress to draft such a bill or a Constitutional change and submit it to the President to sign into law. That without such action, the decision on whether to allow or restrict aboritons rested at the state level. SCOTUS did not rule on the abortion at all, only on who had the power to control/restrict/allow such actions and that Roe v Wade was unlawful because the SCOTUS did not have this power. If we want to have a federal restriction, it has to go through Congress first and then the President.[/quote]
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