“I suspect the SCOTUS is twisting itself in knots over this, trying to leave it stand as a state’s rights issue.”
Can you cite any case where the Court was concerned with state’s rights, or acknowledged any such concept?
Nah. Even if they had a deference to states rights, this is a federal constitutional issue. Even the wise Latina and the other rat hacks on the court will be convinced that that letting this stand would essentially blow up the constitutional order. I’m predicting that Roberts will round up all 9 votes to throw this out on narrow grounds, perhaps the fact that the relevant section of the 14th Amendment says Congress can enforce it by appropriate legislation, but never has. In other words, it’s not self executing and states can’t fill in that blank
The concurrences by Thomas and Alito are going to be epic. They’re being written as we speak
The Dobbs decision by SCOTUS put abortion back to the states where it belongs.
When it comes to Trump and elections, though, unfortunately this is the same SCOTUS that didn't want to hear 2020 election fraud cases because of "standing".
Not this Court, but I remember how the Court felt after Bush v Gore in 2000, which is why SCOTUS declined to hear Republican Senate candidate Doug Forrester's challenge in 2002 when the New Jersey Supreme Court let state Democrats replace Bob Torricelli with Frank Lautenberg in October 2002 after absentee ballots were coming back and Torricelli was losing badly in the polls due to corruption indictments.
They even let votes for Torricelli count for Lautenberg. I was afraid that SCOTUS was setting up a precedent to allow Democrats to swap out losing candidates late in the election with a replacement candidate who would do better in the last weeks.
-PJ
Can you cite any case where the Court was concerned with state’s rights, or acknowledged any such concept?
Dobbs didn't impose a national abortion ban; it just kicked the issue back to the states. That's states' rights.
Getting rid of Row v Wade was probably the biggest states rights issue in decades.