...You can't even dream up a case that could overturn Obergefell, but you still delude yourself into believing it's going to happen Yeah, sure. From your keyboard to G-d's monitor, right?
I'm not well-versed in Constitutional Law, and don't pretend otherwise, but you don't have to be a Constitutional scholar, nor even a lawyer, to understand and appreciate the highly charged political situation, and to appreciate the old maxim: "
Where there's a will, there's a way."
What will it take?
A changed court composition, in this context; either one of the five, willing to revisit their decision, or a replacement. And, a test case of some kind that warrants another review; either of the original decision or requiring a new ruling sufficiently distinctive to conduct that review, while sufficiently similar to overturn the original, when finalized.
The details of that case? Hell, I don't know. Haven't got a clue. And I'm happy to admit it, without reservation. Skilled and imaginative and motivated lawyers who are so inclined, would be far better equipped to answer that question than an amateur hack like myself.
But even an amateur hack can confidently observe that unpopular laws - and judicial rulings - are oftentimes hammered-at, year after year, and even decade after decade, until a weak-spot in the armor is detected, and then quickly exploited. It's more about politics than law, with law taking a back seat. Lord knows, we've seen that often enough, eh?
Is it going to happen? I dunno. But the Smart Vegas Money is on it being tried - repeatedly - until the proper 'angle' is stumbled upon.
There is a harsh Reaction coming against this recent ruling, as Conservatives prepare to take back the reins of power.
And, if you thought that Conservatives, once in power, were all hot-and-bothered about
Abortion - you ain't seen
nuthin' yet.
That's my prediction, and I'm sticking to it.