Everyone thought Joe Biden had this case in the bag.
But all the “experts” were wrong once again.
And Joe Biden actually lost big time at the Supreme Court in a case that no one expected.
The Supreme Court finally handed down its decision in the lawsuit over the Texas pro-life law.
Texas passed a law effectively banning abortion after six weeks by allowing private citizens to sue abortion mills to win civil damages of $10,000 when a doctor takes the life of an unborn baby.
The Supreme Court handed down multiple rulings allowing the law to stay in place while legal challenges play out.
In a three-part decision the Supreme Court surprisingly allowed the law to stand and limited the ability of abortion providers to sue to stop the legislation.
This represented a blow to Joe Biden whose administration demanded the Supreme Court reinstitute abortion on demand in the Lone Star State.
By a 9-0 decision the court blocked lawsuits against the judges that presided over the lawsuits.
In a 5-4 decision the five conservative justices blocked suits against the attorney general of Texas.
But by an 8-1 ruling the justices allowed lawsuits to proceed against state officials that handed out medical licenses.
The real fireworks came in the rulings.
Justice Neil Gorsuch writing for the majority stated that the matter before the court was not the constitutionality of the Texas law so the justices did not believe the abortion clinics’ argument that the law would have a “chilling effect” met the standard for the justices to step in.
“In this preliminary posture, the ultimate merits question — whether S.B. 8 is consistent with the Federal Constitution — is not before the Court. Nor is the wisdom of S. B. 8 as a matter of public policy. … [T]he ‘chilling effect’ associated with a potentially unconstitutional law being ‘on the books’ is insufficient to ‘justify federal intervention’ in a pre-enforcement suit,” Gorsuch wrote.
Chief Justice John Roberts sniped that the Texas law sought to nullify Roe v. Wade and only the Supreme Court could end abortion on demand.
“The clear purpose and actual effect of S.B. 8 has been to nullify this Court’s rulings. … Indeed, ‘[i]f the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the Constitution itself becomes a solemn mockery,’” Roberts added. “The nature of the federal right infringed does not matter; it is the role of the Supreme Court in our constitutional system that is at stake.”
Left-wing pro-abortion fanatic Sonia Sotomayor outrageously compared the Texas law to Southern states claiming they had the right to nullify federal laws regarding the horror of slavery.
“By foreclosing suit against state-court officials and the state attorney general, the Court effectively invites other States to refine S.B. 8’s model for nullifying federal rights. The Court thus betrays not only the citizens of Texas, but also our constitutional system of government. … This is a brazen challenge to our federal structure. It echoes the philosophy of John C. Calhoun, a virulent defender of the slaveholding South who insisted that States had the right to ‘veto’ or ‘nullif[y]’ any federal law with which they disagreed. … The Nation fought a Civil War over that proposition, but Calhoun’s theories were not extinguished. … [T]he Court leaves all manner of constitutional rights more vulnerable than ever before, to the great detriment of our Constitution and our Republic,” Sotomayor hysterically snarled.
That led to a retort from Justice Gorsuch who chided Sotomayor for her absurd comparison that cheapened both the evil of slavery and the issue before the court.
“That rhetoric bears no relation to reality. The truth is, many paths exist to vindicate the supremacy of federal law in this area. … Sotomayor’s suggestion that the Court’s ruling somehow ‘clears the way’ for the ‘nullification’ of federal law along the lines of what happened in the Jim Crow South not only wildly mischaracterizes the impact of today’s decision, it cheapens the gravity of past wrongs,” Gorsuch continued.
The conventional wisdom heading into the hearing was that the justices would stop the Texas law to clear the decks for upholding Mississippi’s ban on abortion after 15 weeks.
But the conservative justices surprised observers and this ruling raised expectations even further that the court would use the Mississippi case to finally overturn Roe v. Wade.
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