Re: Overturning the Supreme Court

[valarltd]

As for Congressional Accountability for Judicial Activism Act of 2004 (HR 3920 IH), has it occurred to anyone that Congress can already overturn a Supreme Court decision?

All they have to do is propose legislation and pass it.

If tomorrow, the Ladies Against Women drafted completely overturning Roe Vs. Wade, criminalizing abortion, and Senator Numbskull from NoName NO took it up as his pet cause, and got it through the House and Senate (it didn't die in committee) and The Shrub rubberstamped his name on it, RvW would be gone.

One could take abortion back to the Supremes, but L.A.W. is standing by to ramrod through another Bill against that one.


It's just a slightly more difficult process. I don't think streamlining it is in anyone's interest.

Comments

[king-chiron.livejournal.com]

That's not quite true. If Congress passes a bill, the President signs it and the SC rules it unconstitutional, the Congress can't just take another vote and say "never mind, it's Constitutional now."

But this new law, if it passed (doesn't sound like it would) and if it met SC muster (yes, gets a bit recursive here), would allow Congress to do just that.