As always, the Supreme Court will decide this issue on the basis of politics, not justice. The court has always been political, with a short delay to be sure. John Marshall was Jefferson's cousin, but he hated Jefferson's politics. So he invented the court's ability to declare laws unconsitutional -- this was itself unconstitutional.
As always, the Supreme Court will decide this issue on the basis of politics, not justice. The court has always been political, with a short delay to be sure. John Marshall was Jefferson's cousin, but he hated Jefferson's politics. So he invented the court's ability to declare laws unconsitutional -- this was itself unconstitutional.