Friday, April 21, 2023

Let's talk about today's SCOTUS ruling and the future....


The issue of federal authority over agencies is problematic because it is useful to have federal judges stand up for minority rights. The Congress should adjust the appeal process so that such regulatory matters be referred to the Federal Circuit.

What is interesting is that this case is an opportunity to reconsider Dobbs. The pro-choice side needs to take a hard look at whether to recognize that only Congress has the power to construe who is a "person" under the 14th Amendment and that the States have no such authority. Standing in abortion as a right was a bad idea. It may feel good as an assertion, but it is not good law.

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