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The Supreme Court Could Not 'Block' Texas'
Fetal Heartbeat Law

Original Article

Posted By: Garnet, 9/4/2021 10:10:30 AM

On Wednesday, the U.S. Supreme Court declined to intervene in a challenge to S.B. 8, Texas' new abortion law. This unique statute empowers private citizens to sue those who perform or facilitate abortions. President Biden ripped the 5-4 decision, charging that the conservative justices followed "procedural complexities" "rather than use its supreme authority to ensure justice."Biden is wrong. The Court has no sweeping, majestic power to "ensure justice." Indeed, it is a myth that courts can "strike down" laws at all. Rather, judges have a very limited power: to enjoin specific government officials from enforcing laws against specific litigants. The judiciary cannot simply erase statutes from the book.

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Reply 1 - Posted by: Cindiana 9/4/2021 10:19:28 AM (No. 903980)
They can't "erase" them, but they certainly seem able to create them. How about just following the Constitution and keeping politics out of everything.
14 people like this.

Reply 2 - Posted by: Fosterdad 9/4/2021 10:26:02 AM (No. 903986)
The link doesn't work.
2 people like this.

Reply 3 - Posted by: downnout 9/4/2021 10:29:31 AM (No. 903992)
How did this little article get past the left wing censors at Newsweek? Is that mag trying to regain a semblance of actual news?
5 people like this.

Reply 4 - Posted by: ccprops 9/4/2021 10:41:33 AM (No. 903999)
https://www.newsweek.com/supreme-court-could-not-block-texas-fetal-heartbeat-law-opinion-1625666
2 people like this.

Reply 5 - Posted by: PChristopher 9/4/2021 10:45:20 AM (No. 904006)
Biden doesn't care about the lives of our soldiers or citizens so why should he care about the unborn? If it was some illegal immigrant's baby he'd be offering it free everything.
7 people like this.

Reply 6 - Posted by: DHorne123 9/4/2021 11:51:36 AM (No. 904056)
The supremes sure “Blocked” State’ abortions laws long ago. So this writer knows not of what he pontificates!
4 people like this.

Reply 7 - Posted by: janjan 9/4/2021 12:00:45 PM (No. 904068)
The SC does whatever they want with zero oversight.
2 people like this.

Reply 8 - Posted by: Venturer 9/4/2021 12:22:50 PM (No. 904093)
Just one more thing Biden is wrong about. What a maroon.
2 people like this.

Reply 9 - Posted by: seamusm 9/4/2021 12:24:51 PM (No. 904098)
Correct link. https://www.newsweek.com/supreme-court-could-not-block-texas-fetal-heartbeat-law-opinion-1625666
0 people like this.

Reply 10 - Posted by: Starlifter Nav 9/4/2021 12:57:14 PM (No. 904122)
The law professor (where did you say you got your law degree?) is correct. The outcry to 'block' the law is premature. As soon as a specific person (who will then have 'standing' to litigate) is prevented from (is 'harmed' by the law) having a post six week abortion procedure, that person can bring suit in court. The suit can work its way (through successive appeals) from state courts to federal courts. THEN, if the Supreme Court chooses to hear the case, they can render an opinion on the law's constitutionality. (By this time, the resulting child will likely be in pre-school.) Some people 'know not of what (they) pontificate'.
1 person likes this.

Reply 11 - Posted by: Blue-Z-Anna 9/4/2021 1:09:00 PM (No. 904136)
Election Law,apparently, lives in it's own universe.
1 person likes this.

Reply 12 - Posted by: tootall 9/5/2021 10:33:59 AM (No. 905013)
'Clever' link switch to take a shot at DJT by alienating Catholics and Jews. Such bs
0 people like this.

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On Wednesday, the U.S. Supreme Court declined to intervene in a challenge to S.B. 8, Texas' new abortion law. This unique statute empowers private citizens to sue those who perform or facilitate abortions. President Biden ripped the 5-4 decision, charging that the conservative justices followed "procedural complexities" "rather than use its supreme authority to ensure justice."Biden is wrong. The Court has no sweeping, majestic power to "ensure justice." Indeed, it is a myth that courts can "strike down" laws at all. Rather, judges have a very limited power: to enjoin specific government officials from enforcing laws against specific litigants. The judiciary cannot simply erase statutes from the book.
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