Supposing the Dems win Presidency and both Houses, and override the filibuster, can they legislate the equivalent of Roe and Casey, for example in an expanded civil rights act?
Those decisions found an implied right in the constitution, but it's hard (for a non-US, non-lawyer) to see how SC can find an implied prohibition to replace it. Can they rule it out on states' rights grounds?
If not, issue of expanding SC might not arise unless there is another trigger. 2nd amendment?
To be clear, these are genuine questions to which I don't know the answer.
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