Will SCOTUS Overturn Obergefell Like They Did Roe?
Will SCOTUS Overturn Obergefell Like They Did Roe? Certainly the court can go back and overturn prior decisions, and has and should overturn prior precedent when they’re wrong.
The Obergefell decision, going back to 2015 is the decision that “legalize same sex marriage.” My issue is not with two people living their lives together. My issue is that it seems like the Supreme Court created a right out of hole cloth. There’s no law, there’s nothing on the books. They just simply decided that this exists. And that’s not what the Supreme Court should be doing. Zack Smith joins me right now, senior Legal Fellow and manager Supreme Court Appellate Advocacy Program at the Edwin Meese Center for Legal and Judicial Studies. A short way of saying it is senior legal fellow at the Heritage Foundation Heritage.org, and Zack, I want to get into this Obergefell decision conversation. I want to dig deep. But there’s been so much going on about redistricting. How the Texas Democrats fled to Illinois, because I guess that’s where democrats flee. This is about a mid decade redistricting, which is within the law. Nobody’s even questioning whether there’s a violation of the law. Republicans think maybe there’s an opportunity to do this in other places. But you’re telling me that there’s a case coming to SCOTUS that might have an impact on all of this. What’s the story?
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