Clarence Thomas waited years for this moment.
Victory was sweet.
That’s because Clarence Thomas just scored a huge legal win that will devastate Joe Biden.
The Texas State Supreme Court closed off the last avenue for abortion mills to sue and block the pro-life SB8 that allows private citizens to file civil lawsuits against abortion clinics that perform abortions after six weeks.
In the opinion, a unanimous majority ruled abortion providers could not sue state licensing officials to stop the law.
“We conclude that Texas law does not grant the state-agency executives named as defendants in this case any authority to enforce the Act’s requirements, either directly or indirectly,” Justice Jeffrey Boyd wrote.
The pro-abortion lobby pitched a fit that a law intending to defend the lives of the unborn will now take effect with no means left to stop it.
“The U.S. Supreme Court left a shred of a case and today the Texas Supreme Court threw out even the crumbs of the case that was left,” staff attorney with the ACLU Reproductive Freedom Project Julia Kaye whined.
Kaye complained that SB8 “is going to remain in effect for the foreseeable future.”
This ruling vindicated Clarence Thomas.
Back in December the Supreme Court ruled in an eight to one majority that abortion providers could sue state licensing officials.
Thomas was the lone dissent.
However, a five-justice majority also allowed the law to take effect in a sign that the court intended to overrule and roll back Roe v. Wade this June.
The Texas State Supreme Court vindicated Thomas who in his dissent wrote that the law expressly stated that government officials had no role in enforcing SB8.
“In my view, petitioners may not maintain suit against any of the governmental respondents,” Thomas wrote. “I would reverse in full the District Court’s denial of respondents’ motions to dismiss and remand with instructions to dismiss the case for lack of subject-matter jurisdiction.
“The only ‘act alleged to be unconstitutional’ here is S.B. 8. And that statute explicitly denies enforcement authority to any governmental official. On this point, the Act is at least triply clear. The statute begins: ‘Notwithstanding . . . any other law, the requirements of this subchapter shall be enforced exclusively through . . . private civil actions,’” Thomas added.
Thomas continued on stating that only private citizens could file civil lawsuits thus removing government enforcement of SB8 from the equation.
“The Act continues: ‘No enforcement of this subchapter . . . in response to violations of this subchapter, may be taken or threatened by this state . . . or an executive or administrative officer or employee of this state.’ Later on, S. B. 8 reiterates: ‘Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action.’ In short, the Act repeatedly confirms that respondent licensing officials, like any other governmental officials, ‘hav[e] no duty at all with regard to the act,’ and therefore cannot ‘be properly made parties to the suit,’” Thomas added.
Joe Biden’s Justice Department filed a brief arguing for the abortion providers to be able to sue to stop this pro-life law from saving the lives of innocent babies.
Biden lost that case and looks ready to lose even bigger this June when the Supreme Court hands down its decision on Mississippi’s 15-week abortion ban, which many believe will be the vehicle to finally overturn the wrongly decided Roe v. Wade case.
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