Posted by Curt on 2 September, 2021 at 8:23 am. 193 comments already!


by Kyle Becker

The Democratic Party simply cannot imagine a world where, in the immortal words of former President Bill Clinton, abortion is “safe, legal, and rare.”
The Supreme Court late Wednesday night handed the organized left a stunning moral and legal defeat by essentially upholding Texas’ Heartbeat Law. A number of the state’s abortion providers had brought lawsuits over the legislation, which gives expectant mothers six weeks to decide whether or not to terminate the life of a developing child.
As National Review notes, the 5-4 decision “came down along ideological lines, with Chief Justice John Roberts and the Court’s three liberal justices dissenting.”
“The applicants now before us have raised serious questions regarding the constitutionality of the Texas law at issue,” the court’s majority wrote. “But their application also presents complex and novel antecedent procedural questions on which they have not carried their burden.”
“In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit,” the decision said. “In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts.”

The decision forestalls an October hearing of a Mississippi case that could determine the constitutionality of the issue, which was purportedly addressed by Roe v. Wade in what is considered by several legal scholars to be a flawed and questionable decision.
The Supreme Court’s decision on Texas’s heartbeat law has been accompanied by apocalyptic pathos on the part of Democratic politicians. Governor Gavin Newsom, whose job is on the line, attempted to make it a campaign issue in deep blue California.

“Texas has effectively banned a woman’s right to choose,” Newsom wrote. “Passed the worst voter suppression law in the country. And continue to push anti-science COVID laws that put lives at risk. This could be the future of CA if we don’t vote NO on the Republican Recall by 9/14. VOTE.”
Newsom, it should be noted, has ignored citizens’ right to make their own actual health choices his entire time in office.

Vice President Kamala Harris remarked that the bill will “disprortionately affect communities of color” (true, since it will save more of their children’s lives), but also that it violates a ‘constitutional right.’


“Texas law SB8 blatantly violates the constitutional right established under Roe v. Wade nearly five decades ago,” Harris wrote. “It will disproportionately affect communities of color and individuals with low incomes from getting access to the health care they need. We must protect that right.”

This is a remark that should make someone ineligible to pass a state bar exam, let alone be a state attorney general. But President Biden also made the legally ignorant claim:

Today, Texas law SB8 went into effect. This extreme Texas law blatantly violates the constitutional right established under Roe v. Wade and upheld as precedent for nearly half a century. The Texas law will significantly impair women’s access to the health care they need, particularly for communities of color and individuals with low incomes.

Needless to say, there can be no Constitutional right that is not contained or implied in the Constitution or an amendment passed into law. The Supreme Court is not empowered to make law. But the state legislatures do have that power.

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