"When the lawsuit was first filed, I said I'd never seen a lawsuit that claims the Constitution is unconstitutional."
—Rep. Andy Gipson, R-Braxton, to the Associated Press in reaction to the state Supreme Court overturning a lower-court injunction against House Bill 2.
Why it stinks: Attorney Gipson could use a refresher course on the law, it seems. The judicial process allows citizens to change laws that are unfair or discriminatory, including those that violate the state's and the nation's constitutions.
The U.S. Supreme Court declared numerous state and federal laws unconstitutional, starting in 1803 with Marbury v. Madison, which established judicial reviews as a way to decide whether laws meet constitutional standards.
One of the more famous cases on a state law's constitutionality is 1973's Roe v. Wade. The decision said the Texas law impinged on a woman's right to privacy when it did not allow her to choose abortion.
Earlier this year, the court ruled in U.S. v. Windsor that the federal Defense of Marriage Act, aka DOMA, was unconstitutional because it discriminated against same-sex married couples. It also overturned part of the 1965 Voting Rights Act, saying that singling out some states for U.S. Department of Justice review of voting rules was—you guessed it—unconstitutional.
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