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本帖最后由 acostarse 于 2021-12-15 00:22 编辑
完全赞同。虽然戈萨奇的这套弯弯绕说辞对Whole Woman's Health这个案子有道理,对US v. Texas就完全没有道理了
说真的,这群人搞的罗伯茨都看不下去了,他的部分协同部分反对意见就是:你说的可能都对,但显然SB8就是为了绕过宪法才订立的,你现在这么玩让全社会怎么看我们?
The clear purpose and actual effect of S. B. 8 has been to nullify this Court’s rulings. It is, however, a basic principle that the Constitution is the “fundamental and paramount law of the nation,” and “\[i\]t is emphatically the province and duty of the judicial department to say what the law is.”Marbury v. Madison, 1 Cranch 137, 177 (1803). Indeed, “\[i\]f the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery.” United States v. Peters, 5 Cranch 115, 136 (1809). The nature of the federal right infringed does not matter; it is the role of the Supreme Court in our constitutional system that is at stake.
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