Re:Supreme Court Overturns Roe vs. Wade
by nobody9999 on Saturday June 25, 2022 @06:30PM
(#31879274)
>Huh that is surprising! "There is no federal general common law"
My reading of the particular passage[0] in the Wikipedia article is that while Federal courts are no longer independent sources of common law, they operate along with other systems that are, and often impact the common law of the several states with rulings that set the limits of Federal, State and individual power.
As such, the reality is a bit more complicated,
N.B.: IANAL and this is not legal advice.
[0] https://en.wikipedia.org/wiki/Common_law#United_States_feder...
Re:Supreme Court Overturns Roe vs. Wade
by MichaelZuo on Tuesday June 28, 2022 @09:06AM
(#31907174)
It wouldn't make sense the other way around, since whenever individual rights contradict that of the State's, the federal court(s) would effectively undo the basis of their sovereignty.
Though it does kind of make sense, after all it's the United States of America, not the United People's of America, or the United Local Jurisdictions of America.
The States can have rights that supersedes the people apparently.