The Supreme Court is finally hearing abortion cases that will make it possible for more children in the womb to be born!
But why do I say that the votes on these cases won’t be unanimous?
Because one justice already stated, in the hearing on the Texas law, that “some geniuses” who wrote the law and intended to “nullify federal constitutional rights” will not get their way.
That would be Elena Kagan.
This law bans most abortions at about six weeks, when a baby’s heartbeat can be detected. If it bans most abortions, that’s a big step in the right direction – wouldn’t you agree?
The issue being argued is who can be sued in attempts to challenge the law – including state judges and court clerks, who would oversee any litigation. In the initial lawsuits, the abortion clinics had sued those judicial officials, since state executive officers would not have that authority to enforce S.B. 8, Fox News explained.
This case is about who can sue whom rather than who can abort – those bringing suit being abortion clinics and the U.S. Injustice Department.
In the first case, attorney Marc Hearron, representing a coalition of abortion providers, called the Texas law a “road map” for any state to oppose federal lawsuits with which it disagreed — since it puts enforcement of law in private hands, not state officials themselves. He argued that providers have the legal right to sue Texas officials, state judges and clerks.
Texas Solicitor General Judd Stone, arguing in defense of the law, said it was not “appropriate” to sue judicial officers.
“The attorney general simply doesn’t have any control of the procession of S.B. 8 lawsuits in any way,” he said.
In the second case, concerning the Biden administration’s lawsuit against the Texas law, U.S. Solicitor General Elizabeth Prelogar, who was confirmed by the Senate last week, argued the law is “an attack on the authority of this court to say what the law is.”
Prelogar said federal jurisdiction is appropriate and argued the state of Texas itself – not private citizens – are ultimately liable for its unconstitutionality.
A key precedent here is Ex parte Young – where the Supreme Court in 1908 permitted lawsuits in federal courts for injunctions to block allegedly unconstitutional state action – specifically allowing suits against state officials, in lieu of states themselves, for violations of federal law. Stone argued Ex parte Young does not provide a way for federal court intervention, at least until state courts first get a say.
But Prelogar called the law an attack on federal law and the Supreme Court, and said states cannot “flout” immediate federal judicial review.
“Texas designed S.B. 8 to thwart the supremacy of federal law in open defiance of our constitutional structure,” she said. “States are free to ask this court to reconsider its constitutional precedents, but they are not free to place themselves above this court, nullify the Court’s decisions in their borders, and block the judicial review necessary to vindicate federal rights.”
How about Joe Biden? Isn’t he flagrantly “flouting” immigration laws right now that were signed into law after passage by the Congress of the United States? Of course, he is. And what about the attorney general? Why doesn’t he challenge the order imposing mandates for vaccinations? They’re not interested, of course. They’d rather nullify the laws of that land when it suits them.
But Donald Trump won the election of 2016 and placed two gentlemen and one great lady on the Supreme Court, so we will see how they will render decisions involving abortion.
Let’s hope and pray for the five good justices to call it right – Associate Justice Brett Kavanaugh Associate Justice Samuel A. Alito Jr., Associate Justice Clarence Thomas, Justice Neil M. Gorsuch and Associate Justice Amy Coney Barrett.
I have questions only about Kavanaugh.
Forget about Chief Justice John G. Roberts Jr., Associate Justice Stephen G. Breyer, Associate Justice Sonia Sotomayor and, of course, Associate Justice Elena Kagan.
She’s already let the cat out of the bag.
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