Monday, August 1, 2022

Marbury v. Biden: Will Joe Biden defy the Supreme Court?

Biden is considering executive action to make abortion pills accessible nationwide despite the existence of state laws restricting such drugs

  • The administration may seek to use executive power granted under the Public Readiness and Emergency Preparedness (PREP) Act to allow abortion providers and pharmacists to distribute chemical abortion pills, even in states where abortion is heavily restricted
  • If Biden were to take such a decision, it would put him in immediate legal conflict with those states that choose to regulate chemical abortions, and, more importantly, with the Supreme Court itself.

Should Biden try for option four, executive action, his quest will fail

  • Sitting in some Texas government outbox is no doubt a completed challenge to any such action, ready to file, meaning a lower court would almost immediately stay Biden's move as things get sorted out.
  • The challenge to Biden would quickly find its way back to the Supreme Court, which would uphold its power.

Biden, however, does not seem like the kind of guy who wants to go down in history as a president who thumbed his nose at the nation's highest court-and all that for nothing gained.

  • Declaring a PREP emergency accomplishes nothing, but it will be politically attractive to Democrats heading into what promises to be a very rough midterm election. 

https://www.theamericanconservative.com/marbury-v-biden/ 

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