The Supreme Court today struck down Texas’ abortion clinic laws, determining 5-3 that abortion facilities and doctors do not need to meet the same health, safety, and qualification standards as hospitals.
Whatever one's stance on abortion, this ruling serves as yet another reminder that nine (or, in this case, eight) non-elected officials can determine the laws under which millions of state residents live.
The Supreme Court in 2016 holds power the Founders never imagined. One vote can determine the future of millions of Americans and go against the will of huge majorities in dozens of states. State laws, it seems, are nothing more than placeholders until the Courts can decide what the law is really going to be.
There is only one way to shrink the power of the Courts. Congress can’t do it. Neither can the President. Only an Article V Convention of States can propose the necessary constitutional amendments that restore the balance of power between the states and the people, and limit the Court’s ability to supersede state law. These amendments can give the states a real recourse if the Courts overstep their bounds and clarify precisely on which subjects the Courts can and cannot rule.
