Early Friday, the Supreme Court issued a decision even I did not think would come down.
The Court has ruled that the Texas abortion law can stand.
However, the Court also stated that lawsuits can still be filed to fight the law.
With the small window, I was sure at least two of the conservative justices on the Court would block the law.
That did not happen.
Instead, the Court ruled that the controversial Texas abortion law can stand, albeit with a very large caveat.
The Court stated, “The Court concludes that the petitioners may pursue a pre-enforcement challenge against certain of the named defendants but not others.
“The petitioners then filed a request for injunctive relief with the Court, seeking emergency resolution of their application ahead of [the law’s] approaching effective date.
“In the abbreviated time available for review, the Court concluded that the petitioners’ filings failed to identify a basis in existing law that could justify disturbing the Fifth Circuit’s decision to deny injunctive relief.”
The majority opinion was written by Justice Gorsuch and signed off on by Justices Amy Coney Barrett, Samuel Alito, and Brett Kavanaugh.
Chief Justice Roberts, as expected, headed the dissent.
While the ruling does allow lawsuits, they do not believe the ruling goes far enough in exactly who can sue to fight the abortion laws.
Justice Roberts wrote, “Given the ongoing chilling effect of the state law, the District Court should resolve this litigation and enter appropriate relief without delay.”
Justice Sotomayor added, “The chilling effect has been near total, depriving pregnant women in Texas of virtually all opportunity to seek abortion care within their home State after their sixth week of pregnancy.
“The Court instead hides behind a wooden reading of Young, stitching out-of-context quotations into a cover for its failure to act decisively.”
The Court has yet to rule on the Mississippi abortion law.
That decision is not expected until spring.
Source: Fox News