Posted on 12/12/2021 8:29:00 AM PST by marshmallow
In a case that hinges on enforcement rather than abortion itself, the U.S. Supreme Court ruled 8 to 1 on Dec. 10 that abortion providers can continue their legal challenge of the Texas Heartbeat Act, but the restrictive abortion law will remain in effect in the meantime.
The court accepted the case, Whole Woman’s Health v. Jackson, “to determine whether, under our precedents, certain abortion providers can pursue a pre-enforcement challenge to a recently enacted Texas statute,” the opinion of the court, delivered by Justice Neil Gorsuch, reads. “We conclude that such an action is permissible against some of the named defendants but not others.”
The defendants who can be sued are executive licensing officials “who may or must take enforcement actions against the petitioners if they violate the terms of Texas’s Health and Safety Code,” including Texas’ abortion ban. State court clerks, state judges, and the Texas attorney general cannot be sued, the ruling states.
Gorsuch emphasized that the question of whether the Texas abortion law is consistent with the U.S. Constitution “is not before the Court.” Instead, the court’s ruling leaves the Texas law in place and enables lower courts to decide the constitutionality of it.
The Texas Heartbeat Act, also known as S.B. 8, went into effect on Sept. 1 and restricts most abortions after the detection of a fetal heartbeat, which typically occurs around six weeks into pregnancy. While the court initially declined to block the law from going into effect, it later considered two challenges to the law on an expedited basis.
These challenges, heard by the court on Nov. 1, focused on legal procedure and the Texas law’s unique enforcement framework rather than on the legality of abortion itself.
(Excerpt) Read more at catholicnewsagency.com ...
Roberts is working feverishly on Kavanaugh and Bennett to preserve Roe.
Hmm, if only someone would invent something that prevented unwanted pregnancies.
Regulation of Abortion belongs to the states. Read the 10th Amendment Mr. Roberts.
10th AMENDMENT
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
abortion is murder ...
Politically correct “right” to murder unborn children, Senate-confirmed activist justices are seemingly weaponizing judicial power in retaliation to 10th Amendment-protected Texas law imo. Not necessarily anything new if such is the case.
And alleged election-stealing, likewise pro-vote-winning murder of unborn children, Democratic-pirated Congress certainly can’t be expected to use their powers to stop this unjust Court retaliation imo.
How could the country possibly have survived without the 17th Amendment? /super sarc
Insights welcome.
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