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Why are they suddenly making this decision in 2023? Seems like something congress should change.


Congress is rapidly becoming a failed institution. They have gradually outsourced their duties to various administrative authorities (such as the FTC) to the point that the only thing they must do to keep the US running is pass the annual budget and raise the debt ceiling.

I think any time an administrative authority or, even better, the courts do something that a legislator wants done, they breathe a sigh of relief that they don't need to spend any of their valuable political capital trying to do it themselves. The fact that what someone else does, they can also undo, never seems to play into their calculus.

One example:

Well after Democrats were established as the pro-choice party, there were periods in which both chambers and the presidency were all controlled by the Democratic party. So obviously, with pro-life activists agitating to get pro-life justices appointed, congress spent nearly zero time passing any pro-choice laws.


> congress spent nearly zero time passing any pro-choice laws.

What pro-choice federal law do you imagine would have substantive effect in the face of what would be (and was) necessary for Roe to fall:!a Supreme Court that is (1) so dismissive of well-established precedent as to strike down the cases establishing abortion as a 14th Amendment right (thereby both removing the independent bar to state anti-abortion law and removing the enforcement clause of the 14th Amendment as a basis for federal law), (2) from a faction also opposed to expansive readings of the Commerce Clause (thus rendering abortion protection grounded in the Commerce Clause unviable).

This isn’t like same-sex marriage where Congress has a separate, less factionally controversial in bounds, Constitutional grant of power (in the Full Faith and Credit clause) to act under.


Throwing out a simple "states may not restrict abortion except in the following ways" federal codification passed by Congress (in e.g. 2009) would have taken a lot more justification than overruling a previous court decision. The latter was a "whoops we changed our minds" and the former would have been more of a "only one branch of government counts and legislative ain't it!" Perhaps there are five ethically bankrupt justices serving now, but I can only count three, and it would have been good to uncover the others sooner rather than later.

Besides, if you truly have so little faith in our institutions (congratulations on paying attention!), why bother working with them at all? It soon will be time to do something else.




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