I just read this on The Daily Beast. Is it possible that president-elect Donald Trump (aka President Putin) doesn't know how the United States Supreme Court works?
Yes, it was settled. However, if the composition of the Supreme Court becomes more conservative then all that's needed for marriage equality laws to be reversed is a test case. The same goes for Roe v. Wade.
Radiolab's A More Perfect Union has an interesting, funny, and frightening story called The Imperfect Plaintiffs about how test cases work. Many of the court battles in the history of our nation that have set precedent, changed laws, and allowed us to create a country that reflected our evolving values do not reach the Supreme Court organically.
Instead, throughout our nation there are well-funded attorneys who select laws they'd like to challenge and then search for cases they can use to challenge those laws.
As a matter of fact, the minute Trump was elected, many of those attorneys probably began searching for the cases they'd present to the court once its back up to nine judges...the final judge being selected by Donald Trump.
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