AG Garland Claims Federal Law Invalidates State Law

He seems unfamiliar with the United States Constitution, the roles, duties, and limits placed on the Legislative and Executive Branches, and the 10th Amendment. I guess he would have been a perfect Democrat pick for the Supreme Court, much like with the other liberals on the court

AG Garland asked what the point of SCOTUS is: “Federal law invalidates state laws that are in direct contradiction.”

The Department of Justice is filing suit against the state of Idaho for its restrictive abortion laws, which came into effect after the Supreme Court struck down Roe vs Wade. At a press briefing, Attorney General Merrick Garland was asked if what the DoJ was doing circumvents and undermines the Supreme Court.

REPORTER: “What’s the point of the Supreme Court if DOJ is going to go around and do these kinds of things?”

GARLAND: “This is not, in any way, going around the Supreme Court, the Supreme Court said that each state can make its own decisions with respect to abortion. But so too can the federal government, nothing that the Supreme Court said, said that the statutes passed by Congress such as EMTALA are in any way invalid. It’s quite the opposite, the Supreme Court left it to the people’s Representatives EMTALA was a decision made by the Congress of the United States. The supremacy clause is a decision made in the Constitution of the United States. Federal law invalidates state laws that are in direct contradiction. This has really nothing to do with anything that the Supreme Court said. And certainly nothing to do with going around the Supreme Court.”

Did he read the same decision the rest of us read? The one released by the Court, which, for the most part, said it was not a duty or responsibility of the federal government per the Constitution, hence, it was left to the States and the People. Being left to The People doesn’t mean they can give that power to the federal government via electing federal Representatives or Senators.

The federal government, via the Legislative Branch, has primacy via Article 6, Paragraph 2, for anything specifically authorized. If not, then we go to the 10th. The Framers included it for a reason. The federal Congress can, in fact, tell states they may not fine, jail, or do anything to anyone going across a state line to get an abortion. That is in the wheelhouse of Los Federales. They cannot interfere with a state banning or limiting abortion. Leftists may not like it, but, let’s say California bans all new sales of fossil fueled vehicles in the state. Would they then invoke the 10th Amendment if a Republican Congress, President, and or DOJ tried to stop that?

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