Originally posted by Machinist
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SCOTUS could, theoretically, literally write any judgement at all on any subject that said anything. But they are supposed to stick to matters of actual legal interpretation rather than being politicians and writing laws.
They could easily come up with plausible legal reasoning to undo the constitutional right to same-sex marriage.
They can't easily come up with plausible legal reasoning to remove a federal right to same-sex marriage. Their judgement would basically have to amount to "we're just dictators now and gonna remove laws we don't like". At the end of the day, the populace probably wouldn't stand for SCOTUS just being open dictators on an issue where their view was so much in the minority, and it would potentially collapse the US system of government.
Basically this makes it 100x harder for SCOTUS to remove the right to same-sex marriage.
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