Why it’s important to vote #BidenHarris2024. The current conservative #SCOTUS would likely allow Trump to ban #abortion nationwide by executive order.
“But they signal how this court may rule under a future Republican administration. After all, if Republicans want to enforce the Comstock Act as a nationwide total abortion ban, they don’t need to win control of Congress. All they need is the White House.”
@BohemianPeasant no, the Comstock Act doesn't allow a president to ban abortion nation wide.
@BohemianPeasant firstly, that's not how the Court works.
Generally the Supreme Court is a court of appeals addressing questions related to lower courts' actions.
They do not decide whether an executive order stands. That's just now how the US legal system is designed.
But to the point: an EO banning abortion nation wide would not be a Comstock Act executive order since the Comstock Act does not ban abortion nation wide.
It's just fantasy nonsense to tie the two together.
Of course I know that SCOTUS is an appeals court and I know that a court challenge to an executive order would (eventually) reach them if the parties were persistent.
@BohemianPeasant again, as an appeals court they would not hear a challenge to an executive order because that's not how that works.
The courts hear challenges to impacts, not orders.
@volkris
Do you think that some members of this court would let a Comstock Act executive order stand? I do.