I think you make some valid points. Congress has explicit Constitutional authority to stop the Supreme Court from imposing its will in specific areas (e.g., abortion).
Article III
Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish…
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;–to all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the United States shall be a party;–to controversies between two or more states;–between a state and citizens of another state;–between citizens of different states;–between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.
In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
A few points…
- As written, the Supreme Court and inferior federal courts were intended to have jurisdiction over cases where the parties in the case were from different states. Criminal matters (e.g., abortion laws) within a state were intended for state court jurisdiction. As written, the Supreme Court does not have constitutional jurisdiction over state and local criminal matters.
- But in cases (like abortion) where the Supreme Court has clearly over-reached its constitutional authority, Congress still has the authority to limit that over-reaching by law. It could simply pass a law telling the Supreme Court that it has no jurisdiction over state abortion cases. It’s authority to do this is explicitly constitutional, unlike the so-called implicit “right to privacy.”
- That the Republicans didn’t simply take this stand while they held executive and legislative power for the last six years tells me they don’t care about abortion. They hide behind the Supreme Court pretending their hands are tied. Their hands are not tied. That is the biggest lie of the last 33 years of the Roe v Wade regime. They come to us pro-lifers every election cycle looking for support, knowing we think we have nowhere else to go.
- If they don’t deliver and start protecting innocent babies, I really don’t care if they win or lose. I sure as hell won’t be voting for Democrats. But what have I gained for the babies by voting Republican?