I’ve noticed that people either accept or reject Supreme Court rulings, especially the most significant ones. But they’ve come up with a way to overturn them.
This proposed amendment would be based on the ratification provision in the Constitution, which requires only three-quarters of the states to approve an amendment. However, this amendment would only serve to overturn Supreme Court rulings if three-quarters of the state supreme courts reject the ruling or issue a contrary ruling.
If the threshold is met, the ruling could be overturned in the first case or the contrary ruling could be applied in the second. What would be the political and judicial consequences if this amendment were to take effect?
I haven’t heard a proposal like that before, though of course it might exist and have legal analysis that I don’t know about. IANAL and don’t follow that stuff now. Any discussion of the consequences of a hypothetical amendment like that would of course be speculative. That is, there’s no way to know.