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This is why I don't agree with people who say trying for national legislation protecting abortion rights is futile because it would be unconstitutional. A ban should be equally unconstitutional but does anybody think it's equally impossible?
They could pass it but in reality, it wouldn't be possible unless things got really dystopian and somehow the feds cut off the blue states or took them over.
Yeah, the "Dems should have codified Roe!" crowd don't get that 1.) a SCOTUS this rabidly conservative will never rule such a law constitutional and 2.) the GOP will just pass a law banning abortion nationwide as soon as they gain veto-proof majorities in both chambers.This is not something that can be solved with the courts the way they are and with the unequal representation problem that we have in federal government (rural voters (typically GOP) have far more representation than urban voters (typically Dem) do), particularly when voters who vote D don't seem to give a shit about judges.
We're extremely unlikely to ever see a liberal (or even balanced SCOTUS) in our lifetime. Women needing abortions will have to go in-house (via pills), underground, or international.
Sorry if it was unclear but I'm part of the "Dems should have codified Roe" crowd, also part of the "pack the court / abolish the court" crowd, while we're dreaming. I was trying to say I don't really agree with the "that's not how federalism works" crowd because if you turn it around you can easily imagine the court allowing unconstitutional laws that they like
The true fascism slips out. Make no mistake, if McConnell did not exist, we would not be battling this right now.
This makes me really want to get sterilized as quick as I can.