From his first day in office—and every day since then—President Biden has taken action to strengthen American democracy and protect the rule of law. In
That’s a bit trickier, though, because SCOTUS already ruled on this, which means that their fucked ruling is now precedent. So any future challenges to a law passed by congress would be interpreted with that precedent in mind. If the composition of the supreme court changes, they could reverse their earlier rulings, but it’s much less certain of an outcome than if there was an amendment to the constitution guiding future decisions.
Laws override precedent. The court’s job is explicitly to interpret the laws made by congress. Precedent is simply the way that previous courts have interpreted the laws at the time. If the relevant laws to the case haven’t changed since the previous case, that is where precedent comes in. If there are new laws written by congress then those are more important than precedent.
Another user brought up the idea that they might still try to rule the new law unconstitutional but that would be a much harder bar to achieve legitimately since the constitution is intentionally rather succinct. Of course if the court is corrupt and no one actually challenges their power I suppose they could say anything they want- precedent overrules laws, anything they don’t like is unconstitutional, for the low low price of a vacation getaway you too can influence my rulings, etc. But legally speaking laws override precedent and doing away with a law because it is unconstitutional is an extremely high bar which can’t realistically be met by the vast majority of laws unless the law directly goes against the few rules that the constitution establishes.
That’s a bit trickier, though, because SCOTUS already ruled on this, which means that their fucked ruling is now precedent. So any future challenges to a law passed by congress would be interpreted with that precedent in mind. If the composition of the supreme court changes, they could reverse their earlier rulings, but it’s much less certain of an outcome than if there was an amendment to the constitution guiding future decisions.
Laws override precedent. The court’s job is explicitly to interpret the laws made by congress. Precedent is simply the way that previous courts have interpreted the laws at the time. If the relevant laws to the case haven’t changed since the previous case, that is where precedent comes in. If there are new laws written by congress then those are more important than precedent.
Another user brought up the idea that they might still try to rule the new law unconstitutional but that would be a much harder bar to achieve legitimately since the constitution is intentionally rather succinct. Of course if the court is corrupt and no one actually challenges their power I suppose they could say anything they want- precedent overrules laws, anything they don’t like is unconstitutional, for the low low price of a vacation getaway you too can influence my rulings, etc. But legally speaking laws override precedent and doing away with a law because it is unconstitutional is an extremely high bar which can’t realistically be met by the vast majority of laws unless the law directly goes against the few rules that the constitution establishes.