The Right Response to Obergefell: Jurisdiction Stripping

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Ricochet: The Right Response to Obergefell: Jurisdiction Stripping

Adam Freedman July 18, 2015

The other day on the main podcast (episode 265 for those playing along at home), I argued in favor of what I consider to be the most realistic strategy to undo the damage wrought by Obergefell v. Hodges; namely, jurisdiction-stripping legislation. The proposal generated a fair amount of interest among the Ricochetti, and now I have expanded on the idea over at National Review.

 

I encourage you to read the whole thing, but here’s the basic idea. Congress should abolish the jurisdiction of the Supreme Court— and all federal courts — over cases involving state laws defining marriage.

 

The result would be that states would immediately be free to reinstate laws defining marriage in the traditional manner, if they so wish. Same-sex marriage advocates would be free to challenge those laws, but they would do so in state court, and the final judicial decision would rest with the Supreme Court of each state.

https://ricochet.com/right-response-obergefell-jurisdiction-stripping/