Congress Could Stop the SCOTUS!

[Seawytch]

They could "head them off at the pass" so to speak and just repeal DOMA...Section 3 at least. Let the SCOTUS address the Section 2 challenges when those crop up in a few years.

Thoughts?

 

[RetiredGySgt]

They could "head them off at the pass" so to speak and just repeal DOMA...Section 3 at least. Let the SCOTUS address the Section 2 challenges when those crop up in a few years.

Thoughts?

Not gonna happen. Not enough votes to make them do it. The only reason gay marriage exists in the few States it does is because of the Courts not the legislature. To many people oppose it.

 

[Quantum Windbag]

They could "head them off at the pass" so to speak and just repeal DOMA...Section 3 at least. Let the SCOTUS address the Section 2 challenges when those crop up in a few years.

Thoughts?

My thought is that it is not going to happen.

 

[Seawytch]

They could "head them off at the pass" so to speak and just repeal DOMA...Section 3 at least. Let the SCOTUS address the Section 2 challenges when those crop up in a few years.

Thoughts?

Not gonna happen. Not enough votes to make them do it. The only reason gay marriage exists in the few States it does is because of the Courts not the legislature. To many people oppose it.

Repealing section 3 would change nothing at the state level.

 

[Darkwind]

They could "head them off at the pass" so to speak and just repeal DOMA...Section 3 at least. Let the SCOTUS address the Section 2 challenges when those crop up in a few years.

Thoughts?

Contrary to popular belief. SCOTUS is NOT the last word on legislation and the law of the land. The Congress has only to rewrite those sections of any legislation to get around the "Unconstitutional" part and vote on it again.

The problem with wanting to decide social justice from the bench is the fact that the bench often rules so narrowly that a work around is easy to achieve.

It is a two-edged sword.

 

[C_Clayton_Jones]

Contrary to popular belief. SCOTUS is NOT the last word on legislation and the law of the land. The Congress has only to rewrite those sections of any legislation to get around the "Unconstitutional" part and vote on it again.

And since amended/rewritten legislation must conform to Constitutional case law, as determined by the High Court, SCOTUS indeed has the last word.

The problem with wanting to decide social justice from the bench is the fact that the bench often rules so narrowly that a work around is easy to achieve.

No, the problem is Congress enacting legislation likely un-Constitutional in the first place, resulting in needless court challenges. For many ‘lawmakers,’ unfortunately, it’s not about the law, but politics.

 

[Quantum Windbag]

Contrary to popular belief. SCOTUS is NOT the last word on legislation and the law of the land. The Congress has only to rewrite those sections of any legislation to get around the "Unconstitutional" part and vote on it again.

And since amended/rewritten legislation must conform to Constitutional case law, as determined by the High Court, SCOTUS indeed has the last word.

The problem with wanting to decide social justice from the bench is the fact that the bench often rules so narrowly that a work around is easy to achieve.

No, the problem is Congress enacting legislation likely un-Constitutional in the first place, resulting in needless court challenges. For many ‘lawmakers,’ unfortunately, it’s not about the law, but politics.

Congress passed the Religious Freedom Restoration Act specifically to overturn Employment Division v Smith, SCOTUS is following it.

 

[rdean]

Why do right wingers hate gay people? Especially when so many like meeting gays in airport bathrooms?

 

[Quantum Windbag]

Why do right wingers hate gay people? Especially when so many like meeting gays in airport bathrooms?

Just look at all these right wingers who hate gay people.

Hillary Clinton, Harry Reid: When Democrats Swore They Would Never Back Gay Marriage