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Evading Judicial Supremacy

3 6 1
24.09.2021

I am not sure why these alumni of the University of Chicago Law School believe that their having walked the same sidewalks as Jonathan Mitchell, the inspiration for the Texas law against post-heartbeat abortions, gives their insights about that law any extra weight. But it’s worth giving the content of their argument a little attention:

Mr. Mitchell should know better than to construct a law deliberately intended to evade federal law. That approach is neither smart nor creative — it is lawless.

No matter what you believe about Roe v. Wade, deliberately creating a state law to dodge current Supreme Court precedent is dangerous. It erodes the rule of law and undermines our legal system.

The statement’s........

© National Review


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