SCOTUS And Roberts On The Texas Abortion Law
BY Herschel Smith
3 years, 2 months ago
A sharply divided Supreme Court early Thursday said it will not block a new Texas law that deputizes any Texan to enforce a six-week ban on abortions. Five justices — Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — explained in a brief, unsigned majority opinion that the abortion advocates asking for an emergency stay “raised serious questions regarding the constitutionality of the Texas law at issue,” but they were unable to untangle the “complex and novel antecedent procedural questions” raised by the law.
The four dissenters — Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan — argued in separate rebuttals that their five colleagues, without any real debate, were rewarding Texas lawmakers for inventing a novel scheme to stomp on decades of Supreme Court precedent.
“The statutory scheme before the Court is not only unusual, but unprecedented,” Roberts wrote, and he would have granted “preliminary relief” at least until “the courts may consider whether a state can avoid responsibility for its laws in such a manner.” Instead, the court allowed the law to take effect before lower courts weighed in, “without ordinary merits briefing, and without oral argument.”
Okay so let’s break this down. Two squishes sided with the constitutionalists along with a very confused woman, and the communist sided with the communists.
Never forget that George W. Bush gave us Roberts. And also two wars. And also the Patriot Act. And did nothing for the recognition of gun rights. Never forget he supported a renewed when the sunset provision took over.
He was always an enemy, never a friend.
On September 2, 2021 at 11:39 pm, Jimmy the Saint said:
Republican appointed SC justices are *at best* a 50/50 chance of being tolerable.
On September 3, 2021 at 7:22 am, Frank Clarke said:
“…until “the courts may consider whether a state can avoid responsibility for its laws in such a manner.”
At the same time, I hope they’ll consider whether a federal government can avoid its responsibilities under the 1st Amendment by outsourcing censorship to FaceBook and Twitter.