The Supreme Court determined on Friday morning that a lawsuit from abortion clinics against Texas regarding its abortion law may indeed continue.
Victory for Anti-Abortion Activists
The panel, led by Justice Neil Gorsuch, concluded the applicants may pursue a pre-enforcement action against some of the named respondents, but not others.
The law was also allowed to continue in effect, while the legal challenges were being resolved. The decision is merely procedural; it will have no bearing on the law’s validity.
“The respondents subsequently made a petition for preliminary injunction with the court, seeking an expedited conclusion of their petition ahead of [the law’s] impending effective date,” according to the court.
“The court decided the petitioners’ papers failed to recognize a basis in current law that may support overturning the Fifth Circuit’s decision to deny injunctive relief in the limited time available for review.”
To round out a majority decision, Justices Amy Coney Barrett, Samuel Alito, and Brett Kavanaugh endorsed Gorsuch’s conclusion in its entirety.
Bidenflation, in one chart: pic.twitter.com/u0R6l7mdnZ
— RNC Research (@RNCResearch) December 10, 2021
In part, Justice Clarence Thomas supported the majority opinion and in part, he dissented. He concurred the case against a few defendants should be dismissed.
He also stated, “no freestanding basic right to pre-enforcement review in federal court exists.” As a result, he believes the abortion providers’ case should be dismissed completely.
“I would overturn the District Court’s rejection of defendants’ petitions to dismiss in their entirety and restore with directions to dismiss the action for lack of subject-matter authority,” he wrote.
The Texas legislation prohibits abortions after six weeks. It employs a unique enforcement system that allows private citizens to sue in state court against those who are accused of performing abortions.
The Texas law was allowed to remain in effect while the court considered whether parties might sue. This was before the state launched enforcement proceedings in accordance with the law.
The Biden Administration Failed to Stop It
On Friday, the court also rejected a lawsuit to the Texas statute brought by the Department of Justice. This implies only third entities will be able to file a lawsuit against the statute, which might be overturned at a later period.
A separate appeal to a Mississippi abortion statute is also being considered by the Supreme Court, with a decision expected next spring. This lawsuit has the potential to overturn Roe v. Wade, a historic abortion decision.
CNBC’s All-America Economic Survey: Biden’s approval rating on Covid is now "underwater," while Republicans have an “historic, 10-point advantage” in the generic congressional ballot. pic.twitter.com/tlrk43pN5D
— RNC Research (@RNCResearch) December 10, 2021
This current, ongoing case is the most significant case regarding abortion in recent times. The outcome of this matter and those that follow will significantly change America and the independence of the United States forever.
There will be serious blowback from liberal Americans. However, in spite of all that, conservatives must stand strong and continue to stand up for life.
