He seems unfamiliar with the United States Constitution, the roles, duties, and limits placed on the Legislative and Executive Branches, and the 10th Amendment. I guess he would have been a perfect Democrat pick for the Supreme Court, much like with the other liberals on the court
The Department of Justice is filing suit against the state of Idaho for its restrictive abortion laws, which came into effect after the Supreme Court struck down Roe vs Wade. At a press briefing, Attorney General Merrick Garland was asked if what the DoJ was doing circumvents and undermines the Supreme Court.
REPORTER: “What’s the point of the Supreme Court if DOJ is going to go around and do these kinds of things?”
GARLAND: “This is not, in any way, going around the Supreme Court, the Supreme Court said that each state can make its own decisions with respect to abortion. But so too can the federal government, nothing that the Supreme Court said, said that the statutes passed by Congress such as EMTALA are in any way invalid. It’s quite the opposite, the Supreme Court left it to the people’s Representatives EMTALA was a decision made by the Congress of the United States. The supremacy clause is a decision made in the Constitution of the United States. Federal law invalidates state laws that are in direct contradiction. This has really nothing to do with anything that the Supreme Court said. And certainly nothing to do with going around the Supreme Court.”
Did he read the same decision the rest of us read? The one released by the Court, which, for the most part, said it was not a duty or responsibility of the federal government per the Constitution, hence, it was left to the States and the People. Being left to The People doesn’t mean they can give that power to the federal government via electing federal Representatives or Senators.
The federal government, via the Legislative Branch, has primacy via Article 6, Paragraph 2, for anything specifically authorized. If not, then we go to the 10th. The Framers included it for a reason. The federal Congress can, in fact, tell states they may not fine, jail, or do anything to anyone going across a state line to get an abortion. That is in the wheelhouse of Los Federales. They cannot interfere with a state banning or limiting abortion. Leftists may not like it, but, let’s say California bans all new sales of fossil fueled vehicles in the state. Would they then invoke the 10th Amendment if a Republican Congress, President, and or DOJ tried to stop that?
Garland is a traitor to the Constitution and the rule of Law. And he is the so-called head of the dept of Justice?! Insanity reigns.
Unfortunateley, you are wrong and Garland is right:
Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government’s exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.
The Constitution does not allow the AG, Garland the commie, to make those decisions. Take it to the SC and let them decide. A non elected bureaucrat is not empowered to make law. Only legislatures can make law. At least until the Coup of Nov 2020. Now even a lowly clerk in the CDC can close businesses and deny weddings.
LGB wrote:
But the left were certainly upset that a “lowly clerk” in a County Clerk’s office could deny wedding licenses to homosexual couples!
Just to note… the Supreme Court members are “non elected” for life, permitting the court to rule contrary to the wishes of a large majority of the citizenry. If the majority wants to change things, they need to win the Senate and White House and wait for justices to die or retire.
Note too… fortunately the tRump Coup of 2020-2021 failed, bigly.
Pfft!
It does not matter what the will of the people is pertaining to the constitution. Scotus judges must rule based upon the constitution and not their own political bias. This is precisely why Scotus members were given lifetime appointments to prevent undue influence over their rulings based upon fear of losing their job or being ousted by angry politicians.
If the will of the people is so strong. A constitutional amendment can be passed today for abortion rights and sent to several states where It will fail miserably. Kansas had 175,000 votes that had nothing but the rejection of the issue of abortion punched, and nothing else.
Pretty suspicious huh? I wonder what the left would be thinking if there were 175000 votes for passage of the Kansas abortion act ONLY?
Trump continues to live in the heads of the left. Cheating him out of his second term is now netting you about 20 years of Trump/DeSantis and MAGA greatness. Sorry, Dowd, I know you’re trolling for responses but the facts are clear. Trump-backed candidates are winning at a clip of about 90 percent and even today, years and years and millions of dollars by NY AG and A special counsel and a bologna 1/6 investigation has netted nothing but HINTS OF IMPENDING CHARGES AGAINST TRUMP and nothing else.
Tea party-backed candidates won Bigly in 2014 and fell flat at the general. This time around the left has a chance to paint MAGA as radical while they themselves preach:
Defund the police.
NO BAIL.
Global Warming.
Through the Roof Inflation.
War in Ukraine.
Crime, crime and more crime.
Abortion.
Critical Race Theory which they pretend to deny.
Open Borders which is utterly insane since those coming across the borders are more likely to vote GOP who is anti-Socialist than vote Democrats who are full-blown socialists.
I mean the agenda of the left is one of pure Anti-Trump, Anti-MAGA, Anti-Police, Anti-Parent, Pro-Crime, Pro-Abortion and abortion is number 10 on the list with just over 1 percent of the people claiming it as THE DECIDING FACTOR IN THEIR VOTE.
Sorry Dowd, but even if somehow your side manages to concoct charges against Trump who was counseled by dozens of attorneys during his time in office to make sure he BROKE NO LAWS…YES I AM SURE HE PISSED THE LEFT OFF, BIGGLY, But alas you are stuck with Trump living rent-free in your head.
As for the right and Biden. He is just a joke that even the left wishes they had not played on the American people and unfortunately not a very funny one at that since even your party is begging Biden not to run again.
Except a state law banning abortion is not unconstitutional, so it’s not “interfering with the government’s exercise of its constitutional powers”.
Mr Sykes wrote:
Sadly, this has not always been the case: the Voting Rights Act of 1965 allowed the federal government to review any changes to voting laws in states which had serious histories of either denying or making it difficult for blacks to vote. Shelby County v. Holder, 570 U.S. 529 (2013), eventually struck down most of Section 5, requiring preclearance in specific districts, stating that circumstances had changed, and there was no longer any need to specify certain districts.
Unfortunateley, you are wrong and Garland is right:
Nope. Since there is no federal law re: abortion (that’s what the whole decision was about), there IS no Federal law for the state to bow to.
TRY to keep up.
Due to the supremacy clause, yes, federal law does trump state law. But if Merrick “I should be on the Supreme Court” Garland says that Congress could make abortion legal in every state, then Congress could also make abortion illegal in every state.
Of course. Just wait until the GOPhers take over DC! You’ll see.
“Of course. Just wait until the GOPhers take over DC! You’ll see.”
We are glad you realize you’ve fucked up America so much and fucked over us Americans so much that that time is approaching fast.
Please say your gonna move to Canada. The fascists there could use a true believer like you.
FM typed: Scotus judges must rule based upon the constitution and not their own political bias.
LOL. You can’t be serious. Did the Constitution change in the past 49 years?
175,000? We’ll trust you on that. If true, it indicates how motivated people were on this issue. GOPhers are like the dog chasing the car that finally caught it – now what?
No Dems or libs wish that tRump had won in 2020. Regarding his advisers… Cohen, Giuliani, Eastman, Powell, Meadows, Gaetz, … great bunch of advisers.
Child, if you take this tack, you must also disavow decisions like Brown v. Board of education. Is that your intent?
I’d say “think about it” but I know you can’t.