> The fact that Bernie’s immediately pointing out that this ruling can be overturned by eliminating the filibuster is pretty telling.
I mean, it's wrong. This could be overturned only by amending the Consittution.
If the filibuster were dropped, and Democrats voted without defections, they could pass a law purporting to secure abortion rights federally, but it's hard to see what Constitutional authority of the federal government could be invoked to justify it. That wouldn't reverse the decision that the right is not secured by the Constitution, it would just create a new and weaker barrier that the Court would almost certainly immediately sweep aside, finding whatever Constitutional basis was asserted unconvincing, and citing the 10th Amendment.
I mean, it's wrong. This could be overturned only by amending the Consittution.
If the filibuster were dropped, and Democrats voted without defections, they could pass a law purporting to secure abortion rights federally, but it's hard to see what Constitutional authority of the federal government could be invoked to justify it. That wouldn't reverse the decision that the right is not secured by the Constitution, it would just create a new and weaker barrier that the Court would almost certainly immediately sweep aside, finding whatever Constitutional basis was asserted unconvincing, and citing the 10th Amendment.