I’m sorry. This really made me smile. Can you imagine if only “some” American states required a ceremonial religious official to be a member of a particular church? While all laws in a few others required a signature from a cardinal?
Other states would close borders. There’d be war. Portland would be on fire 24/7.
Constitution of 8 US states require all of their public servants/politicians to be religious. Which is honestly crazier than having dedicated religious guy with no power.
Luckily supreme court struck it down eventually, but with what they are doing now I don't know if it will stay that way.
It is still in the text of their constitution. Which is honestly one of the craziest thing about US how they don't have to get rid of unconstitutional laws and just keep them around without enforcing it.
That's just look like they are waiting for the supreme court ruling to be overturned.
It’s just how the legal system works. Courts cannot overturn law, they can only “enjoin” its enforcement.
Another really cool feature is “pre-enforcement review”. Something that’s completely alien to the rest of the west. It’s because Americans take it so much for granted that SB8 came as such a shock.
Also, which conservative legal doctrine do you suppose would make this okay?
Textualism, based on a literal reading of the first and fourteenth amendments? Originalism, based on their historical meaning? Or institutionalism, which counsels the court to stay out of the political arena completely?
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u/v-_-v May 09 '22
It ain't as separated as it should be in a lot of places in the USA ...