Post #1951623
2026-03-22 19:58 UTC
@pavel @wwahammy it is wrong, but it’s also how the system is designed so it’s not novel or surprising. Legislatures pass laws that conflict with higher laws (including the constitution) all the time. The judiciary acts as a check on that power.
Legislatures almost always have the ability to ask the judiciary to weigh in on proposed law, but they’re not required to do so.
Yes this whole thing is problematic, but also unlikely to change
Replies (1)
-
@calcifer@masto.hackers.town 2026-03-22 20:00
@pavel @wwahammy for an example, legislatures have spent decades trying different variations on anti-abortion laws to test the boundaries of Roe v Wade — and they did this long before the conservative court that overturned such precedent was in power.