Posted on 11/21/2018 6:29:51 PM PST by marshmallow
In Jackson Women's Health Organization v. Currier, (SD MS, Nov. 20, 2018), a Mississippi federal district court held unconstitutional a recently enacted Mississippi statute that prohibits most abortions after 15 weeks gestation. The court said in part:
[T]he real reason we are here is simple. The State chose to pass a law it knew was unconstitutional to endorse a decades-long campaign, fueled by national interest groups, to ask the Supreme Court to overturn Roe v. Wade.
This Court follows the commands of the Supreme Court and the dictates of the United States Constitution, rather than the disingenuous calculations of the Mississippi Legislature.
Bustle reports on the decision.
It's unconstitutioonal to be a federal matter and thus left up to the states which the fed overturns as unconstitutional !!
Appointed by Obama.
Roberts has a hard row to hoe....
Just make your Godless decision “judge” and shut the hell up.
He’ll be wishin for a millstone one day.
Except there is no constitutional right to abortion -- Roe v. Wade interferes with each state's right to regulate or ban abortion.
“Pivoting, Mississippi then asks the Court to totally disregard the Casey framework. The State argues this Court should unilaterally adopt a new line of reasoning and look to “fetal pain” instead of viability as a justifiable basis for the ban.”
Fine. Sounds reasonable to me, and one that does not directly conflict with the US Supreme Court. The Supreme Court has imposed a viability standard without ever considering a fetal pain standard. Since the Supreme Court has chosen to act as a legislature rather than a court, it is reasonable to bring new facts into the equation.
Appeal.
All the more reason for Mississippians to vote for Senator Cindy Hyde-Smith on Tuesday to keep the senate that the Pres.needs to appoint conservative judges.
Hmmm, I’m beginning to notice a trend here.
If it’s common sense and obvious to the less than casual observer, we can rest assured that some DUMBASS liberal judge will strike it down.
Our respect for the law is descending into the abyss, and sooner or later enough of us will tell these fools to leave, or suffer the consequences.
“Do you rulers indeed speak justly?
Do you judge people with equity?
No, in your heart you devise injustice,
and your hands mete out violence on the earth.”
Psalm 58
Corrupted men make corrupt judges. Nothing new under the sun. The way these people cherish abortion is demonic.
Exactly!
What's the point in passing meaningful, decent, humane legislation when some black robed demonic judge will just invalidate it? That's just another thing wrong with this country!
Makes me wish I lived on a deserted island all by myself, so I could just sit back and watch this country be destroyed from afar.
Yep - don’t tell the “Trump is wrong so we will teach him a lesson by screwing the Nation with another sure seat lost to the dems” crowd....too many helped McDaniel play spoiler and now they are doubling down on their stupidity...
McDaniel is done as far as I’m concerned. I think that the Repubs (Trump) thought that he could not depended on to support Trumps agenda.
The law is in their mouth.
Then he changed his mind about running against Wicker and opted to become a spoiler against Trump instead...way too many in MS that remember the original deal and have ignored who he has shown himself to be and they are willing to screw us all with their childish hissy fits...
It is not unconstitutional for a lower court to challenge a Supreme Court precedent. Thus it is not constitutional for a lower court to invalidate a state law on the mere basis that the Supreme Court might invlaidate it. One Supreme Court - one set of Supreme Court judges, is not duty bound or constitutionally bound to go along with a prior Supreme Court decision, so lower courts are not obliged to eliminate a case at their court merely on the assumption that an earlier precedent will be upheld.
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