• Canaconda@lemmy.caOP
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    6 days ago

    Yes but this is fundamentally different.

    SCOTUS can rule but what is their enforcement mechanism if states decide to ignore the ruling? What does SCOTUS have but other pieces of paper.

    If SCOTUS tries to repeal State Powers enshrined in the constitution they risk State Supreme Courts taking the unprecedented step of finding such a ruling illegitimate. Opening the floodgates for State Supreme Courts to determine the legitimacy of every SCOTUS ruling individually.

    It would massively undermine their already waning authority.