re: #126 Blind Frog Belly White

He figured that Obergfell would be overturned on his amendment basis.

He also seems to ignore that the Supreme Court is getting these cases from lower courts, where there’s sometimes a split in authority.

For instance, some circuits found SSM legal. Others didn’t. Supreme Court resovled by finding SSM legal - a national standard. Abbott would basically leave splits of authority in place until such time that the Court rules 7-2 or better.

Then there are instances where the lower courts upheld the ACA, but the Supreme Court ruled it legal, except for the Medicaid expansion (which had been legal at lower levels). Again, it’d potentially result in split among circuits, and not a consistent law across the nation.

The more you dig, the worse Abbott’s suggestion becomes.