- cross-posted to:
- nyt_gift_articles@sopuli.xyz
- cross-posted to:
- nyt_gift_articles@sopuli.xyz
To dismantle that decision, Justice Alito and others had to push hard, the records and interviews show. Some steps, like his apparent selective preview of the draft opinion, were time-honored ones. But in overturning Roe, the court set aside more than precedent: It tested the boundaries of how cases are decided.
Doing that legally is really tough: it takes a 2/3 vote in the Senate.
It’s more realistic to expand the court, which doesn’t require as many votes.
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It would require legislation to expand the courts. And Democrats love the filibuster more than justice.