Author: Jessica Gresco | Associated Press
WASHINGTON-On Thursday, President Joe Biden slammed the Supreme Court’s decision not to block a new Texas law banning most abortions in the state, and instructed federal agencies to do all they can to “make women And the provider from being affected”.
A few hours ago, in the middle of the night, a highly divided high court allowed the law to remain in force in the nation’s largest abortion restriction because the court legalized the operation nationwide half a century ago.
The court voted 5 to 4 to reject the emergency appeals of abortion providers and others, but also hinted that their orders may not be final and may bring other challenges.
Biden stated that his administration will initiate “a government-wide effort to respond to this decision” and study “what steps the federal government can take to ensure that women in Texas have access to safe and legal abortions protected by Roe.”
He said women should be protected from “the strange plan of Texas to outsource law enforcement to private groups.”
Under pressure from the Democratic Party to expand the size of the Supreme Court, Biden has ordered a review of the court, which will expire next month.
A Texas law signed by Republican Governor Greg Abbott in May prohibits abortion after a medical professional detects cardiac activity, usually around six weeks, and is known to many women Before I became pregnant.
This is the strictest law against abortion rights in the United States since the landmark Roe v. Wade ruling of the High Court in 1973, and is part of a broader push by Republicans across the country to impose new restrictions on abortion. At least 12 other states have issued bans early in pregnancy, but they have all been prevented from taking effect.
The high court’s order to refuse to stop Texas law was issued before midnight on Wednesday. Most people said that the people who filed the lawsuit did not meet the high burden required to suspend the law.
“In reaching this conclusion, we emphasize that we do not intend to finally resolve any jurisdiction or substantive claims in the applicant’s litigation. In particular, the order is not based on any conclusions about the constitutionality of Texas law, nor There is no limit to other procedurally appropriate challenges to Texas law, including in Texas courts,” the unsigned order said.
Chief Justice John Roberts disagrees with the three liberal justices of the court. Each of the four judges with different opinions wrote a separate statement expressing their disagreement with the majority.
Roberts pointed out that although most people rejected the request for emergency relief, “the court order clearly stated that it cannot be understood as maintaining the constitutionality of the law in question.”
The vote in this case highlights the influence of liberal Justice Ruth Bud Ginsburg’s death last year and then President Donald Trump’s replacement of her by conservative Justice Amy Connie Barrett. If Ginsburg continues to stay in court, there will be five votes against the Texas law.
Judge Sonia Sotomayor called the decision of her conservative colleague “shocking.” She wrote: “When applying for a ban on a blatantly unconstitutional law designed to prohibit women from exercising their constitutional rights and evading judicial review, most judges chose to bury their heads in the sand.”
Texas legislators passed laws to evade federal court review by allowing ordinary citizens to sue anyone other than patients who participated in abortions in state courts. Other abortion laws are enforced by state and local officials and may be subject to criminal sanctions.
In contrast, Texas law allows private citizens to sue abortion providers and anyone involved in the promotion of abortion. In other cases, this includes anyone who drives a woman to a clinic for an abortion. According to the law, anyone who successfully sues another person is entitled to at least $10,000.
In her objection, Judge Elena Kagan called the law “clearly unconstitutional” and said it allowed “private groups to impose unconstitutional restrictions on behalf of the state.” Justice Stephen Breyer said, “Women have the federal constitutional right to have an abortion during the first stage of pregnancy.”
Opponents of the measure sought review by the Supreme Court after the Federal Court of Appeals refused to allow a rapid review of the law before it went into effect.
In a statement after the High Court’s action earlier on Thursday, Nancy Northup, the head of the Center for Reproductive Rights, representing abortion providers who opposed the law, vowed to “continue to crack down on this ban until Texas The state restores abortion access.”
“We are shocked by the Supreme Court’s refusal to prevent the flagrant violation of Roe v. Wade’s law. Right now, abortion seekers across Texas are panicking – they don’t know when and where they can have an abortion, if any. Texas The state’s politicians have temporarily succeeded in mocking the rule of law, subverting abortion care in Texas, and forcing patients to leave the state—if they have the ability—to obtain constitutionally protected health care. This should allow everyone in this country to care about the constitution. People feel chilly,” she said.
Anti-abortion groups cheered the court’s actions.
The president of the American Student Association, Christine Hawkins, said in a statement: “We are celebrating this decision, which is a right step in the right direction. Roy has a fatal flaw and must leave.”
For a long time, Texas has had some of the strictest abortion restrictions in the country, including a comprehensive law passed in 2013. The Supreme Court eventually repealed the law, but before more than half of the more than 40 clinics in the state closed.
Even before the Texas case reaches the High Court, the judges plan to resolve the issue of abortion rights in major cases after the court resumes hearings in the fall. The case involved the state of Mississippi, which required permission to enforce an abortion ban after 15 weeks of pregnancy.
Paul J. Weber, an Associated Press writer based in Austin, Texas, contributed to this report.