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> A law that Congress passes overrules any and all SCOTUS precedent on the issue Wow, that's wrong... Take Loving v Virginia: there, the court ruled that int
by KarlKemp 6y ago
> A law that Congress passes overrules any and all SCOTUS precedent on the issue
Wow, that's wrong...
Take Loving v Virginia: there, the court ruled that interracial marriages must be governed by the same rules as all other marriage.
No law of Congress can overturn that ruling. Only amending the constitution or the court itself have that (theoretical) power.
- abduhl 6y agoThis is nitpicking by you, in my opinion. There are of course levels of authority between the judiciary and the legislature. Nevertheless, Congress can always overrule SCOTUS, it just depends what level of law they need to pass. A constitutional amendment is lawmaking.
- bobbydroptables 6y agoIt's not nitpicking to say that the court can invalidate legislation. It's one of the most important powers the court has.
- Discombulator 6y agoIANAL, but the difference is that in this case, QI came into being as a (very narrow) reading of federal law (§1983), which congress can amend easily. The Loving case was decided on an interpretation of the constitution, which as you say, is much harder to amend.