Suing to overturn the U.S. Supreme Court – yeah, that should work
Andrew Cuomo has a plan in case the U.S. Supreme Court overturns Roe v. Wade.
It’s a plan so ingenious, Cuomo couldn’t wait to announce it.
WHEC News 10 in Rochester, NY, reports:
Governor Cuomo announced Wednesday that he will sue if the Supreme Court acts to roll back Roe v. Wade.
Many Democrats and abortion-rights supporters believe the new justice appointed by Republican President Trump could tilt the court in favor of overturning the 1973 ruling that legalized abortion nationwide.
Cuomo released the following statement Wednesday afternoon:
“We now need to codify Roe v. Wade, which will actually increase the protections in New York. God forbid they do what they intend to do. I want to get it done before the Supreme Court does that because I don’t want any gaps in a woman’s right to protection.”
He continues by saying, “we have a better legal case when the Supreme Court acts because I will sue when the Supreme Court acts and I want the New York State law in place.”
The obvious problem with Cuomo’s statement is that you can’t sue to overturn the U.S. Supreme Court. It’s the highest court in the land on matters of federal law.
This has lead to much mockery (some tweets via Twitchy):
He’ll take his case all the way to the—wait.
— Charles C. W. Cooke (@charlescwcooke) July 11, 2018
And here I thought his *brother* was the one with the worst grasp of the law… https://t.co/T9T5afcqNZ
— Will Truman (@trumwill) July 11, 2018
Cuomo would sue under the provisions of the Guacamole Act of 1915.
— John Podhoretz (@jpodhoretz) July 11, 2018
I'm in New York. Send help.
— ethicalequity (@atconsumercop) July 11, 2018
But Cuomo’s misunderstanding is even deeper. He seems to be under the impression that if the U.S. Supreme Court overturned Roe v. Wade, that would make abortion illegal in the country. That’s not the case. A finding that there is no federal constitutional right to abortion would leave the matter to the states.
The problem for Cuomo is that he may not be able to get a bill through the state Senate. So I guess his goal is to sue to have Roe v. Wade continue in effect in New York, even if the Supreme Court overturns it.
If you think this was a slip of Cuomo’s tonuge (ugh, gross!), the video is posted on what appears to be Cuomo’s official Governor YouTube channel. This is something he wants highlighted.
Here’s the money quote:
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