As stories of the vast amounts of suffering caused by abortion bans are piling up, a group of House Democrats is calling on congressional leaders to support a push to strip the Supreme Court of its ability to rule on abortion — as well as marriage equality, sex and contraception — altogether.
Alexandria Ocasio Cortez (D.New York), Mondaire (D.New York), and eight other representatives sent a letter this week to Democratic leaders asking them to support the idea. They say that the move is crucial — not only to potentially protect abortion rights, but also to protect rights like gay marriage, which the Supreme Court has indicated are next on the chopping block.
“We write to urge your support for restricting the Supreme Court’s appellate jurisdiction in the areas of abortion, marriage equality, non-procreative intimacy, and contraception,” the lawmakers said. “In doing so, we can ensure that, as Congress takes legislative action to codify each of these fundamental rights, a radical, restless, and newly constituted majority on the Court cannot further undermine the protections we would enact.”
Although the Supreme Court has already dealt the public an extremely devastating blow with its decision to overturn, Roe v. WadeThe letter writers indicated that Congress still has a chance of fighting back. Though it’s a long shot, Democrats in Congress are aiming to unite Behind a filibuster carveout for the party’s bill to codify RoeTo ensure that such a move would succeed, it is essential for the legislative branch pre-empt far right attacks against the bill and prevent the Supreme Court being able to reverse it.
Congress has the authority to limit the Supreme Court’s jurisdiction under Article III of the ConstitutionAccording to the lawmakers, it was. These powers have been maintained by the Supreme Court. This includes 2018 when Justice Clarence Thomas affirmed Article III should remain in order. to preserveChecks and balances between all three branches of government.
“With our basic rights under threat from a rogue Supreme Court, Congress needs to exercise our legal authority to the fullest extent,” Ocasio-Cortez wrote. “To protect marriage equality, contraception, and more, we need to limit the power of the far-right Court.”
The House approved the bill codifying Roeearlier in the year; in a letter, the lawmakers urged Congress to pass bills to codify gay marriage rights. non-procreative sexand contraceptive accessibility. Justice Clarence Thomas invited newLegal challenges to gay marriage and contraception access while homophobic sodomy lawsThese laws, which were passed decades ago, are still in force in some states. They technically prohibit people from having consensual sexual sex other than marriage.
As expected, the Senate blocked the abortion access bill. Senator Joe Manchin (D. West Virginia) joined all RepublicansIt was repealed in May. Even if it passed, the lawmakers warned that the Supreme Court could overturn it. This would negate hard-fought efforts for abortion rights protection. Considering justices’ extremist ruling in Dobbs v. JacksonThis is possible.
“As we Democrats plan for further legislative action to protect and enshrine abortion rights, as well as the three other fundamental rights called into question in Justice Thomas’ concurring opinion in Dobbs, we urge the exercise of Congress’ constitutional powers under Article III,” the letter reads. “The American people want to see Congress protect their fundamental rights, and the Constitution grants us the powers to do so.”
Even if Congress isn’t able to pass bills protecting abortion or other rights, stripping the Supreme Court of its power on these issues would still be a strong rebuke of the far right justices. Democrats are looking at other options to hold the High Court accountable.
Ocasio-Cortez (D-California), and Rep. Ted Lieu (D-California), sent another letter. Call onThe Senate must formally state whether or no Supreme Court justices lie under oath in order to retain their seats. This could give momentum to OcasioCortez’s calls to remove justices who lie under oath. Others agreeThis is the basis for impeachment.
