Hot Take: Congress Should Suspend The Supreme Court

Abortion supporters are still just not taking the loss well. Instead of coming out with rational, reasonable argument, they just want to through out Hot Takes, like

Besides sounding rather insurrectiony, Congress passes laws, the President enforces them. And then we have this in the Charlotte Observer

NC scholar: With Roe gone, Congress should suspend the Supreme Court

I had hoped, intensely, this wouldn’t actually come. But the Dobbs case has been handed down. Unvarnished. Lawless. Dishonest. Heedless of the damage that will now immediately ensue. Hideously ideological, unelected hacks have moved to inflict their politics and their religion on a non-consenting nation. Now we all reap the whirlwind.

Realistically, you cannot have a discussion or debate with these people anymore, they are so far out there. Calling them barking moonbats minimizes the crazy. The Atlantic says America is growing far apart, possibly for good. We not only do not agree on means, we do not agree on ends. These people are against deciding anything based on law and the Constitution

Democrats and their friends must understand that the battle for the American democracy is now, presently, upon us. Not tomorrow, not if the Congress is lost, not if Trump gets elected again, but now. This day. The Supreme Court fired on Fort Sumter. And if they’ll do this, it’s childish to think they won’t do more. Government by angry minority is launched. It will not be voluntarily abandoned.

So, in Washington, Democrats must act. First, the party must clearly state the mission. It must demand, therefore, the enactment of legislation codifying Roe v. Wade. Now. The bill should be as clean and sparse as possible to build the broadest coalition. It’s not time for a Christmas tree. But it must move. And all Democrats, if they are to stay in the caucus, must fight for it. They cannot defer based on the filibuster, the desire to meet authoritarians halfway, or anything else. The line of engagement must be drawn. If we lose, we lose. But at least we’ll show we’re committed to the American promise. And if we lose at this moment, we serve notice we’ll fight again next week. And the week after. We’re finished surrendering without battle.

Yeah, and the legislation would result in lawsuits out the ying yang, because the Dobbs decision pretty much stated it is a State’s Rights issue. And here we go

Then there’s the Supreme Court. It’s crucial to be clear-eyed. There is no judicial institution here to save. It’s gone. The only question is whether it takes the democracy with it. The elected branches of government must fight back. So next, as has occurred before in our history, the Congress should pass legislation postponing the next term of the Supreme Court. A quick and bold shot across the bow; declaring this will not stand. It will cause disruption and confusion. But anyone who doesn’t think Dobbs has brought disruption by the galaxy-full is dreaming.

This is why the basis of our whole system is a Nation of Law, not a Nation of Men. To avoid these overly insane mental breakdowns of emotion

Next, after Roe is codified, the Congress should remove the jurisdiction of the U.S. Supreme Court to hear abortion cases. The constitution grants such power.

Strange that the article fails to cite anything to support that notion

And the Court that handed down Dobbs will not be hesitant to invalidate a new statute codifying Roe – though it has no conceivable authority to do so.

Except for that whole Constitution thing.

The high court should, therefore, be preemptively removed from the fray. If the justices attempt to act in defiance of the jurisdictional ban, they should be impeached.

Give it a try, sparky.

I concede this sounds extreme. But the fact is, this is the trauma we face. Pretending otherwise won’t help. The clock is ticking. Democracy calls.

This is from Gene Nichol, the Boyd Tinsley Distinguished Professor of Law at the University of North Carolina. Sometimes the extreme, wackadoodle, anti-Constitution thoughts should remain in the breakroom. Of course, this won’t be the last spark of insanity we see for at least the next few months.

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4 Responses to “Hot Take: Congress Should Suspend The Supreme Court”

  1. Professor Hale says:

    No need to discuss this any more. The law is “settled”. There is no right to abortion. And as COVID taught us, there is no right to control what goes into your body, if the government decides to inject you with something, they can do it. Too bad the Left didn’t base their arguments for ROE on medical privacy and absolute sovereignty of the individual. But then they couldn’t do the ACA or most of the COVID lockdowns and mandates.

    Democrats and leftists are such drama queens. Overturning Roe doesn’t make abortions illegal. It just allows states to regulate them… just like they regulate everything else. Abortions will remain available to the same extent that they currently are everywhere in the USA. States with leftist legislatures certainly aren’t going to regulate them. The Hyde amendment is long dead so federal funds will continue paying for abortions at home and abroad. And not a single Leftist anti-corporation activist will make a peep about the millions of dollars supporting planned parenthood Inc.

    I would LOVE to see democratic party activists propose a Constitutional amendment to enshrine the individual absolute right to “my body, my choice”. But they won’t. They will only enshrine medically invasive procedures like chopping up babies and mutilating gender confused young people.

  2. alanstorm says:

    “this is a crisis of legitimacy and President Biden must address that”

    Um, neither Brandon nor his supporters have ANY standing to address any questions of legitimacy.

  3. alanstorm says:

    This brouhaha over Roe is bleakly funny – because you KNOW that the next time they make a decision the left wants, they will be heroes again.

  4. UnkleC says:

    The totalitarians are getting riled up. After years of getting their causes supported by various courts, the Supremes finally grew a set and made some simple, but important decisions that actually follow the Constitution. The Bruen decision was easy, read the 2nd Amendment and apply it. Dobbs was a bit different, since Roe had been assembled out of extrapolations of uncoordinated bits of various sections and amendments, essentially creating a “right of privacy” out of whole cloth and using that to establish the Roe ruling. It was immediately criticized by legal scholars as bad law for those reasons. Most of the other recent rulings have been fairly reasonable. The Supreme Court doesn’t make law, it merely rules on a law’s Constitutionality under our existing Constitution.
    The lefties are now worried that their ideals are may be challenged.

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