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Regardless of my opinion on whether states should be able to restrict abortions, I really didn't like Roe vs. Wade. This should be a law that congress votes for
by londgine 4y ago
Regardless of my opinion on whether states should be able to restrict abortions, I really didn't like Roe vs. Wade. This should be a law that congress votes for/against and be held responsible for by their voters.
I wonder how such a legal framework would work if the court could go to their respective law makers and say that the law is unclear in this case and require them to vote on it. Then, rather than Roe vs. Wade being passed in the first place, the supreme court would order congress to vote for/against a new law forbidding states from being able to restrict abortions.
- generj 4y agoI like this proposed mechanism. Unfortunately it would require a constitutional amendment and so is unlikely to happen. But the benefits are obvious: No mucking around trying to interpret legislative intent, just get new legislative intent! If the executive steps into grey areas of the law, force Congress to clarify things. I do worry it would solidify the judiciary as a proto -legislature arguing the law back and forth with Congress. I’d also worry about other unforeseen consequences which would somehow cause worse problems then are existing system.