(New York) Despite their bold efforts, Texas Republican elected officials have failed to protect their controversial abortion law from federal court scrutiny. But they have not lost anything yet, they are far from it.
In a judgment Friday morning, the United States Supreme Court allowed abortion clinics in Texas to challenge before a federal trial judge, banning most abortions after the sixth week of pregnancy in that southwestern state.
However, far from celebrating the decision, activists and pro-choice groups hailed it with good pessimism. Because with the possibility of pocketing at least a $ 10,000 bonus when convicted, the highest American authority has not refused to prevent this law from delegating enforcement power to ordinary citizens.
She also provided abortion clinics with a narrow way to challenge herself. And it was, “Roy V. Wade,” legalized abortion in the United States in 1973 and lasted approximately 22 weeks until the fetus became possible.
It is primarily astonishing that the Supreme Court should say that the federal courts could not stop this bounty hunter policy followed by Texans for unequivocally rejecting the constitutional right to abortion.
Nancy Northup, president of the Center for Reproductive Rights
“The court has relinquished its duty to ensure that the states do not challenge its decisions. This six-week ban is now in effect for 100 days, and today’s decision means there is no end in sight,” he said.Me Northup.
With the exception of the highly conservative Clarence Thomas, all Supreme Court justices have paved the way for Texas law to be challenged in federal courts. However, a majority of five traditional judges ruled that prosecution was not possible against several Texas officials, including the Attorney General, judges, and state court clerks. Only authorities with the authority to take disciplinary action against abortion clinics will be prosecuted.
Their number is four.
John c. Calhoun descendants
This is the third time the Supreme Court has refused to block Texas law. The authority refused to do so for the first time on the day it came into force on the 1stIs Last September.
As was the case in September, progressive judge Sonia Sotomayor has expressed her disapproval of not leaving the Texas legislature or her colleagues in the Supreme Court.
Referring to women in Texas who could not go to another state to have an abortion, she wrote: “Their only alternative is to bring unwanted pregnancies in time or to attempt voluntary abortions outside the medical system. ”
The court must put an end to this madness months before the SB 8 Act comes into force. She then failed to do so and she still failed.
– Sonia Sotomayor, Progressive Judge
The Bronx magistrate, in his fiery passage of criticism, criticized members of the court’s conservative coalition for playing into the hands of politicians now following tactics comparable to John Calhoun, the great lawyer of slavery in the XIX.E Century.
“It’s a brass challenge to our federal structure,” she wrote of Texas law. It was written by John C., the vocal defender of Slave South. Echoes Calhoun’s philosophy, emphasizing that states have the right to “veto” or “remove”. “
By signing the majority opinion, Conservative Judge Neil Gorsuch ignored Judge Sotomayor’s harsh attacks. He clarified that the decision of the Supreme Court was procedural and nothing more.
“In this preliminary case, the court did not seize the final factual question – whether the law is in accordance with SB 8 federal constitution. Knowledge of SB 8 as a public policy is also not on the agenda. ”
Other law on abortion
Pro-choice voters have another reason to be pessimistic about the Supreme Court ruling. In late June or early July, it will decide on another law on abortion in Mississippi that makes the Texas question completely irrelevant.
The issue was debated in the Supreme Court in early December, with the Mississippi Act banning most abortions after the 15th.E Week of pregnancy. In a long-awaited decision, the Supreme Court ruled that “Roy v. Wade ”. Such a decision would end any discussion of Texas law.
Another possible scenario is when the Conservative majority “Roe V. Wade” questions the standard of fetal viability. By doing so, she can verify not only Mississippi law, but perhaps Texas law.
Meanwhile, anti-abortion activists in Texas hailed Friday’s Supreme Court decision as more favorable than their opponents.
“The court has shown legal restraint for the past 100 days, and we are encouraged when the law is not upheld even today,” said John Sego, executive director of the Right to Life organization. “As long as this austerity law continues in Texas, we will see the protection of unborn children and women in Texas. ”
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