September 2, 2021
One day after allowing Texas’s heartbeat bill – the most restrictive abortion law passed in the US since the dawn of the Roe v. Wade era – to take effect, the Supreme Court has declined to block the law, which bars abortions after a fetal heartbeat can be detected – usually around the six-week mark.
The court’s nighttime order, which arrived just before midnight in the form of a single paragraph and rejected an emergency request by clinics and abortion-rights advocates, marks a turning point in the legal battle over abortion rights. While not a final ruling on the measure’s constitutionality, the court’s action validates – at least temporarily – a novel attempt by Texas lawmakers to insulate antiabortion legislation from court challenge (the novel strategy here is Texas’ decision to charge private persons with enforcement of the law, making it more difficult for pro-choice activists to halt enforcement of the law by suing the parties responsible for enforcement). The unsigned order was approved by 5-4 vote, with most of the conservative justices in the majority (with Chief Justice John Roberts joining the court’s three liberal justices in opposition).
In the unsigned explanation, the court’s majority added that the decision was “not based on any conclusion about the constitutionality of Texas’s law” and allowed legal challenges to proceed.
The court issued four separate dissents (though the liberal justices took turns co-signing on their colleagues’ dissenting opinions), along with a majority opinion penned by Justice Neil Gorsuch explaining that abortion providers “raised serious questions regarding the constitutionality of the Texas law at issue.” But the court went on to say that continuing litigation over the abortion restrictions raised “complex and novel” questions about legal procedure that undercut the providers’ request to halt the ban right now.
Joe Biden and left wing abortion supporters are in shock over the Supreme Court’s decision to allow Texas legislation that allows private citizens to sue violators of the state’s 6-week abortion.
Biden purports to be Catholic. The Catholic Church forbids its members from even providing aid in carrying out an abortion.
The Democratic-controlled Congress alongside Biden Attorney General Merrick Garland, whose main concern since taking office has been confronting “white supremacy” and the January 6 DC “assault on the Capitol”, have also vowed to “protect the constitutional rights of women.” There is no reference to the rights of the unborn.