Joe Biden knows he is in trouble and knows there is only one card left in the deck to play.
But it is a risky bet that could cost Democrats everything.
Joe Biden picked one fight with Clarence Thomas that is about to blow up in his face.
Joe Biden’s administration filed a motion asking the Supreme Court to block a Texas law that bans abortions after six weeks by allowing private citizens to file civil lawsuits against abortion mills.
“The Justice Department intends to ask the Supreme Court to vacate the Fifth Circuit’s stay of the preliminary injunction against Texas Senate Bill 8,” Justice Department Anthony Coley’s statement announcing the request read.
Texas Attorney General Ken Paxton won an appeal at the circuit court level allowing the law to take effect while legal challenges play out.
The Fifth Circuit Court of Appeals order read:
The emergency motions to stay the preliminary injunction pending appeal are granted for the reasons stated in Whole Woman’s Health v. Jackson, 13 F.4th 434 (5th Cir. 2021), and Whole Woman’s Health v. Jackson, 141 S. Ct. 2494 (2021). Judge Stewart dissents. The appeal is expedited. The Clerk will schedule this case for oral argument before the same panel that will hear the appeal in Whole Woman’s Health v. Jackson, No. 21-50792.
Last month, a five to four Supreme Court decision allowed the law to take effect because no one had sued and the justices ruled the law did not ask any government officials to take action.
The Fifth Circuit Court of Appeals agreed noting that judges cannot block individuals from filing lawsuits.
Attorney General Merrick Garland previously denounced the Texas pro-life law.
“The act is clearly unconstitutional under long-standing Supreme Court precedent,” Attorney General Garland thundered.
The pro-abortion lobby sued falsely claiming abortion was a fundamental right under the Constitution following the wrongly decided Roe v. Wade and Planned Parenthood v. Casey Supreme Court decisions.
“It is settled constitutional law that ‘a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability,’” the legal challenge read. “But Texas has done just that.”
Supreme Court Justice Clarence Thomas is the leader of the court’s six-justice conservative majority.
Justice Thomas is also the longest-serving justice on the court.
And in previous opinions Justice Thomas declared Roe v. Wade to be a legal abomination that the court must strike down.
The Biden administration risked losing again asking the justices to block the law because no circumstances surrounding the law changed since the last time the Supreme Court allowed the law to take effect.
This would be a procedural loss as the court allowing the law to take effect is not the same thing as the court ruling the law constitutional and giving states the green light to pass similar laws and ending the horror of abortion on demand.
But Biden and his handlers decided that not appealing and demoralizing the party’s rabidly pro-abortion base was a far worse outcome than another procedural defeat at the Supreme Court.
Either way, the Biden administration was looking at a loss.
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