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The pro-life movement is making massive strides to protect the lives of unborn children in the face of radical leftists pushing for no retraints and abortion-on-demand.
In Texas, lawmakers passed the heartbeat bill which bans most abortions once a heartbeat can be detected, which usually happens around six weeks. This has sparked backlash from Democrats, abortion activists, and “woke” Hollywood celebrities like Jennifer Aniston and Alyssa Milano.
The Supreme Court issued a major ruling that the abortion law in Texas may proceed despite a recent lawsuit and arguments by abortion providers.
The opinion was delivered by Justice Neil Gorsuch and he was backed by justices Amy Coney Barrett, Samuel Alito, and Brett Kavanaugh.
The court also let the law remain in effect pending the legal challenges.
The court said, “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.”
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The Texas law bans abortions after six weeks of pregnancy and uses a unique system to enforce that ban – allowing private individuals to bring suit in state court against people who allegedly perform abortions. The court allowed the Texas law to remain in effect while it heard a challenge about whether parties may bring suit against it before the state has actually taken enforcement actions consistent with the law.
The court also dismissed a challenge from the Department of Justice against the Texas law Friday. This means that only the suit by private parties will go forward against the law, with the potential to invalidate at a later time.
Justice Clarence Thomas joined the court’s controlling opinion in part and dissented in part. He agreed with the dismissal of the case against some defendants but argued “there is no freestanding constitutional right to pre-enforcement review in federal court.” Therefore, he said, the abortion providers’ suit should be dismissed entirely.
“I would reverse in full the District Court’s denial of respondents’ motions to dismiss and remand with instructions to dismiss the case for lack of subject-matter jurisdiction,” he said.
Chief Justice John Roberts was backed by Justices Stephen Breyer. Elena Kagan and Sonia Sotomayor in an opinion that argued other officials besides those allowed by the court’s opinion should be allowed to be sued. Those included Attorney General Ken Paxton. Sotomayor wrote separately, with Breyer and Kagan, to say yet others should be allowed to be sued.
There was very little discussion of whether the Supreme Court should block enforcement of the Texas law as litigation proceeds. But Roberts’ opinion called on the district court overseeing the case to quickly take action against the law.
“Given the ongoing chilling effect of the state law, the District Court should resolve this litigation and enter appropriate relief without delay,” he said.
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