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Let's go one meta level up. It's not like they cornered the decision into their own branch of government like they did with abortion (before Dobbs). If there'
by abigail95 4y ago
Let's go one meta level up.
It's not like they cornered the decision into their own branch of government like they did with abortion (before Dobbs).
If there's disagreement on how a text should be interpreted I don't care whether a conservative court produces a different opinion to a liberal one.
I care whether congress still retains the ultimate authority in the matter, and in this case it does.
If congress thinks the court is wrong, it can say so.
However I think you'll find that just as there is disagreement within the court as to what this text actually means - there is just as much if not more disagreement in congress.
If congress itself is in disagreement - I think being radically strict is a good way to go.
I think it's healthy for judicial review and separations of powers for legislative interpetation to be kicked back to congress if there's any disagreement.