The epitaph on Dems' grave.
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They might, but right now, I think most of them would say: "Or what? You guys will elect a mentally ill authoritarian who will hire a theocratic AG as his henchman in an attempt to destroy the Constitution? Oh WAIT."

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I mean, if it ends with the SC becoming irrelevant and congress needing to legislate, is that a terrible outcome?
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There is no regret in politics
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Wouldn't that just push final authority down to the lower court? In other words, if a circuit court upheld an abortion restriction, 4 SC justices could effectively nullify Roe/Casey by refusing to hear the appeal?
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How come you never say this when Republicans do shady things?
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Would the court just not strike that law down as a violation of separation of powers and there would be nothing Congress could do about it short of defunding the court?
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This is the type of thinking that comes about when either side thinks that they will hold power forever. It never works that way.
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@AlisonFrankel what would the effect be on circuit splits? 0bamacare is unconstitutional in half the country, constitutional in the other half, and without six votes, the issue just festers for years??? Sounds pretty unworkable... -
Parties just have to convince 6 justices not to allow circuit split to fester.
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